Ex Parte State

I would quash the writ. Neither the State nor the defendant takes issue with the Court of Criminal Appeals' conclusion that § 32-5A-191(a)(1) and (a)(2), Code 1975, set forth separate offenses. Notwithstanding the fact that § 32-5A-191 is entitled "Driving while under influence" and it is commonly understood that driving while one's blood alcohol content is 0.10% or more by weight implies that one is driving under the influence — see also § 32-5A-194(b)(3) — §32-5A-191(a)(1) does not specifically require that the state show that the defendant is driving under the influence. As the statute is…