Harry v. State

Donald Bruce Harry was convicted of driving under the influence of alcohol. The complaint filed in circuit court charged that Harry "did unlawfully drive or manifest actual control over a motor vehicle while under the influence of alcohol, in violation of Code of Alabama 1975, Section32-5A-191 (1983 replacement vol.)."1 On this appeal from that conviction, he argues error in the admission of the results of an alcohol breath test because the complaint filed in circuit court did not indicate whether he was charged under subsection (a)(1) or (a)(2) of § 32-5A-191, Ala. Code 1975.

Subsection…