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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE  FILED  
APRIL SESSION, 1998  December 15, 1998  
Cecil Crowson, Jr.  

Appellate C ourt Clerk
STATE OF TENNESSEE, ) C.C.A. NO. 03C01-9706-CC-00248
)  
Appellee,  )  
)  
)  BRADLEY COUNTY  
VS.  )  
)  HON. R. STEVEN BEBB  
STEVEN OVERSTREET,  )  JUDGE  
)  
Appe llant.  )  (Direct Ap peal-D .U.I.)  

FOR THE APPELLANT: FOR THE APPELLEE:
D. MITCHELL BRYANT JOHN KNOX WALKUP
P. O. Box 161 Attorney General and Reporter
Cleveland, TN   37364-0161 SANDY C. PATRICK Assistant Attorney General 425 Fifth Avenu e North Nashville, TN  37243
JERRY N. ESTES District Attorney General
JOSEPH A. REHYANSKY Assistant District Attorney
P. O. Box 1351 Cleveland, TN  37311
OPINION FILED ________________________
AFFIRMED
JERRY L. SMITH, JUDGE


OPINION

On Febru ary 4, 1 997, a Brad ley Co unty jur y conv icted A ppella nt Ste ven Overstreet of driving under the influence, second offense.  After a sentencing hearing on Fe bruar y 6, 199 7, App ellant was sentenced to eleven months and twenty-nine days in jail, with the sentence to be suspended and Appellant put on probation after 45 days in jail.  Appellant challenges his conviction, raising the following issue: is there an inherent conflict between Tennessee Code Annotated sections 55-10-401 and 55-10-408.
After a revie w of the re cord, we affirm the ju dgme nt of the trial co urt.
FACTS
On November 13, 1996, Appellant was indicted for driving under the influence, second offense.1  Count One of the indictment charged Appellant with driving under th e influenc e of an into xicant or dr ug; or in the alternative, w ith driving with a blood-alcohol content of .10% or more.  Appellant pleaded not guilty to this ch arge, an d trial was h eld on F ebruary 7, 1997 .
Officer Chris Bates of the Cleveland, Tennessee Police Department testified that aro und 6 :30 a.m . on Ju ly 6, 199 6, he a nd O fficer Budd y Mitch ell were at a Cleve land con venienc e store w hen he saw a w hite Ford Tempo speed into the parking lot and come to a sudden stop.  Officer Bates testified that when
1Appellan t was also indicted for driving on a revoke d license .  Appellant e ntered a guilty plea to that charge and he does not challenge his conviction or sentence for that offense.
Appellant got out of his car, he had to steady himself against the vehicle and he had a look of con fusion abou t him.  O fficer M itchell re cogn ized A ppella nt and said that he knew that Appellant

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