District Court of Appeal of Florida July 30, 1999, No. 98-1365 (Cunningham v. State)

PETERSON, J.

David Michael Cunningham appeals his conviction for felony DUI. § 316.193(2)(b), Fla. Stat. (1997). We affirm.

One of the points raised by the appellant does merit discussion. The trial court instructed the jury that they could convict appellant if they found either that Cunningham’s normal faculties were impaired by alcohol or if he had a blood alcohol level (BAL) of .