State v. Hill

ARNOLD, Judge.

Appellant was charged with violating G.S. 20-138 (a) and convicted of violating G.S. 20-138 (b). The statute itself provides :

“(a) It is unlawful . . . for any person who is under the influence of intoxicating liquor to drive or operate any vehicle upon any highway . . . within this State.

“ (b) It is unlawful for any person to operate any vehicle upon any highway . . . within this State when the amount of alcohol in such person’s blood is 0.10 percent or more by weight .... An offense under this subsection shall be treated as a lesser included offense of the offense of driving…