State of West Virginia v. Kimberly Neal, 16-0193

On June 2014 in Mercer County, Kimberly Neal drove erratically into a convenience-store parking lot, missed the entrance, fishtailed, swerved to avoid another vehicle, and struck an ice machine.
Witnesses said Neal exited unaware she had hit anything; store employees described her as belligerent and staggering; an unopened beer was observed on the passenger seat.
Neal entered the store after the crash, bought beer, appeared disoriented, and attempted to light a cigarette from the wrong end; she failed three field sobriety tests and refused breath/blood tests.
Neal admitted drinking the night before and taking an over-the-counter allergy medication; she claimed lack of sleep and medical issues that caused a brief blackout and argued she had not consumed alcohol within 12+ hours before the incident.
Magistrate court convicted Neal of DUI and fined $100; on de novo bench trial in circuit court, the court found her guilty beyond a reasonable doubt, concluding impairment likely from a combination of drugs and alcohol; this appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to convict of DUI	State: circumstantial evidence (erratic driving, crash, behavior, unopened beer, admissions, failed sobriety tests) supports conviction	Neal: no proof of recent alcohol/drug use; medical conditions and lack of sleep explain conduct; her testimony establishes innocence	Affirmed. Circumstantial evidence and credibility determinations support conviction; a rational factfinder could find impairment beyond a reasonable doubt

State v. Mechling, 219 W.Va. 366 (2006) (standard of review for circuit-court bench-trial findings and conclusions)
State v. Guthrie, 194 W.Va. 657 (1995) (appellate sufficiency-of-the-evidence principles; view evidence in light most favorable to prosecution)
State v. Horn, 232 W.Va. 32 (2013) (criminal sufficiency rules; credibility and inferences for jury)
Public Citizen, Inc. v. First Nat. Bank in Fairmont, 198 W.Va. 329 (1996) (standards for review of questions of law)
Michael D.C. v. Wanda L.C., 201 W.Va. 381 (1997) (appellate courts should not reassess witness credibility)