SALEM – A Lynn man who authorities say was driving drunk for his fifth time was indicted Friday afternoon by an Essex County grand jury.Christopher Smith, 46, of 22 Fernwood Ave., Lynn, stands charged with driving under the influence of alcohol, a fifth offense.The charge arises out of an incident in Lynn on March 23 when he allegedly backed into a car at about 1 p.m.Witnesses told authorities that Smith was stumbling when he got out of the vehicle. He also failed to perform several sobriety tests, police said.Smith has four previous operating under the influence of alcohol charges. His last offense was in 1998 out of Lynn.The indictment now moves the case from Lynn District Court, where he pleaded innocent, to Salem Superior Court, where Smith will be re-arraigned within a few weeks.In the meantime, he remains free on conditions.Assistant District Attorney Greg Johnson is assigned to prosecute the case for the commonwealth.An indictment is not an indication of guilt: rather it is a legal process that allows a case to be transferred from District Court to Superior Court, allowing for a more severe punishment.