State of Tennessee v. Leroy Nevils

The defendant was convicted of driving while under the influence of an intoxicant, a Class A misdemeanor. He appeals that conviction, raising the following issues: (1) Sufficiency of the evidence and the proper standard of review when a recording of the trial is available for the reviewing court; (2) Improper return of the presentment; (3) Duplicitous presentment; (4) Improper limitation on voir dire questions concerning potential length of incarceration; (5) Improper limitation on voir dire questions whether jurors would trust a machine; (6) Improper elicitation of an alcohol testing flashlight; (7) Improper jury charge as to the certainty needed to find beyond a reasonable doubt; and (8) Improper jury charge allowing inference of guilt for refusing a blood alcohol test.  After careful review of the record, we affirm the judgment from the trial court.