Collier v. State

AFTER REMANDMENT

BOWEN, Presiding Judge.

In Sisson v. State, 528 So.2d 1159 (Ala.1988), the Alabama Supreme Court held “Section 32-5A-191(a)(l) and (2) are merely two different methods of proving the same offense — driving under the influence.” That court also held that a complaint charging a violation of subsection (a)(1) (“0.10 percent or more by weight of alcohol in his blood”) could not be amended over the defendant’s objection to add a violation of subsection (a)(2) (“under the influence of alcohol”).

*987In Ex parte Collier, 544 So.2d 985, our Supreme Court held that this Court had erroneously…