Funderburk v. State

Beasley, Chief Judge.

Funderburk was convicted on charges of driving while under the influence of alcohol to the extent that it was less safe for him to drive, OCGA § 40-6-391 (a) (1), and driving after he was declared a habitual violator and notified that his driver’s license had been revoked, OCGA § 40-5-58 (c).

Arcade City Police Officer Miller stopped Funderburk after he made an unsafe turn and forced another vehicle to leave the road. As Miller approached the car, he noted a strong smell of alcohol. Investigation of Funderburk’s expired license revealed that he was classified as a habitual…