Alabama law is well settled in that, to establish a
prima facie case of driving while under the influence of alcohol under § 32-5A-191(a)(2), the state must prove beyond a reasonable doubt that the defendant:
- drove, or was in actual physical control of, a motor vehicle
- while he was under the influence of alcohol
- to such an extent that it affected his ability to operate his vehicle in a safe manner.
The factors to be weighed in determining whether the defendant was in fact intoxicated at time of the offense are:
(1) the testimony of the witnesses,
(2) access to alcohol, and
(3) the amount of time between the commission of the offense and the observation of the defendant.