Clay v. State

Banke, Presiding Judge.

The appellant was charged with two counts of driving under the influence of alcohol. See generally OCGA § 40-6-391 (a). Count 1 alleged simply that he had, on a specified date and at a specified location, operated a motor vehicle “under the influence of alcohol, contrary to the laws of [this] state . . . .” Count 2 alleged that he had, on the same date and at the same location, operated a motor vehicle with “0.12 percent or more by weight of alcohol in his blood. ...” A jury acquitted him on the latter charge but found him guilty on the former. This appeal followed.

Two…