Purser v. State

Judge Arnold Shulman.

The appellant was charged by accusation with the offense of “driving under the influence,” based on allegations that he did “drive or operate a motor vehicle . . . while under the influence of 0.12 grams or more of alcohol concentration in violation of OCGA § 40-6-391 (a) (4), . . .” He was tried without a jury and found guilty of this alleged offense, based on evidence that he had registered a blood-alcohol concentration of .18 percent on an intoximeter test administered to him some 30 minutes after he was stopped by police for “weaving.” Although the appellant did not…