This is an appeal of a DUI conviction in the county court of Polk County, Judge Anne Kaylor presiding. Appellant, Hyong Min Yim, raises on appeal the trial judge=s ruling on defense counsel=s motion for judgment of acquittal. This court has jurisdiction. Fla. R. App. P. 9.030(a). The ruling of the county court is affirmed.

On December 21, 2000 at 1:00 a.m., Polk County Sheriff’s Deputy James Hall spotted a vehicle driven by Appellant on Highway 92 weaving from the inside lane into the outside lane. The vehicle was traveling 44 miles per hour in a 55 mile per hour zone, which according to Hall is a possible indication of impairment. Appellant then suddenly veered into the median where he remained idle for approximately 20 seconds, though there was no oncoming traffic. After Appellant made an extremely wide left turn, Hall activated his emergency lights and pulled the vehicle over.

Deputy Hall approached Appellant’s vehicle and observed 5 unopened bottles of beer, 2 open bottles of beer, and a plastic cup that he believed to be beer. Hall spoke to Appellant and noticed that Appellant smelled of alcohol, had a bloodshot and watery eye and his speech was slurred. When Hall asked Appellant for identification, he stated that he did not have any and gave Deputy Hall a false name. Hall asked Appellant to step out of the car and noticed that he nearly fell down after attempting to stand. When told that Deputy Hall smelled alcohol on him, Appellant stated that the passenger in the vehicle, Rosalynda Aguilar, spilled a drink on him at the Country Rock Beach Club. Appellant further testified that he had consumed one beer at the bar. Appellant also told Deputy Hall that the reason he was weaving was because Ms. Aguilar was performing a sexual act on him. Based on Appellant’s erratic driving, physical appearance and behavior, Deputy requested him to perform the walk and turn test and the one leg stand. Before the sobriety tests were conducted, Deputy Hall gave Appellant a chance to explain any medical problems he had that may influence his balance. Appellant did not indicate any possible health problems. Appellant could not keep his balance during either test, and the deputy placed him under arrest. At trial, Appellant testified that he had a variety of ailments such as diabetes, eye problems and an ear infection, which is why he nearly fell down and why he failed the walk and turn test

During trial, defense counsel moved for a judgment of acquittal on the DUI charge. The trial court denied the motion and the jury returned a guilty verdict against Appellant. Appellant seeks review of the denial of this motion.

II.

(a) If, at the close of the evidence for the state or at the close of all the evidence in the cause, the court is of the opinion that the evidence is insufficient to warrant a conviction, it may, and on the motion of the prosecuting attorney or the defendant shall, enter a judgment of acquittal.

(b) A motion for judgment of acquittal is not waived by subsequent introduction of evidence on behalf of the defendant. The motion must fully set forth the grounds upon which it is based.

III.

Florida Statutes §316.193 states:

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and (a) The person is under the influence of alcoholic beverages, any chemical substances set forth in §877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) The person has a breath alcohol of 0.08 or more grams of alcohol per 210 milliliters of breath.

§316.193(1) Fla. Stat. (2000). Since Appellant stipulated that he was driving and that he refused the breath test, the only issue remaining was whether there was sufficient evidence that Appellant was impaired.

Testimony at trial established that the deputy observed Appellant=s vehicle swerve and weave across both lanes of Highway 92 while traveling 11 miles under the speed limit, stop in the median for 20 seconds when there was no oncoming traffic, and make a wide sweeping turn. When asked for identification, Appellant gave the deputy the wrong name. On the roadside, Appellant exhibited signs of alcohol intoxication, and failed to satisfactorily perform field tests. Therefore, the trial judge correctly denied the motion for judgment of acquittal and properly submitted the case to the jury.