Collier v. State

Dwayne Collier was convicted of driving under the influence of alcohol. He was sentenced to 30 days' imprisonment, fined $500, and his driver's license was revoked for 90 days. On this appeal from that conviction, Collier argues that, while he was charged only with driving under the influence of alcohol in violation of subsection (a)(2) of Alabama code 1975, §32-5A-191, the trial judge erroneously charged the jury that he could be found guilty if they found he had a blood-alcohol level of 0.10 percent or more under subsection (a)(1) of §32-5A-191.

The U.T.T.C. charged Collier with being in…