Opinion
86-1458.
July 29, 1988.
Petition for Writ of Certiorari to the Court of Criminal Appeals.
James Francis, Decatur, for petitioner.
Don Siegelman, Atty. Gen., and Mary Ellen Forehand, Asst. Atty. Gen., for respondent.
Prior report: Ala.Cr.App., 530 So.2d 868.
The judgment is due to be affirmed on the authority of Bickerstaff v. State, 516 So.2d 800 (Ala. 1987), wherein we held that it is a question of fact to be determined by a jury whether a defendant charged with DUI "was intoxicated and, if so, whether the intoxication was a result of alcohol consumption prior to or after the commission of an [alleged] offense."
AFFIRMED.
TORBERT, C.J., and JONES, SHORES and STEAGALL, JJ., concur.