Paul v. State

Banke, Chief Judge.

The defendant was found guilty on both counts of an accusation charging him with driving while under the influence of alcohol and being “in actual physical control of a moving vehicle . . . while there was in his blood 0.12 percent or more by weight of alcohol.” See OCGA § 40-6-391 (a) (1) (4). On appeal, he contends that the two convictions cannot stand together in that they were based on the same conduct. He further contends that, with respect to the driving under the influence conviction, the court erred in its charge to the jury on the statutory presumptions arising…