Hazley v. State

Miller, Judge.

We granted Cornelius Hazley’s application for interlocutory review of the order denying his motion to suppress evidence that he was driving under the influence to the extent that he was less safe to drive and DUI per se. In this regard, OCGA § 40-6-391 (a) (1) and (5) provide:

*559A person shall not drive or be in actual [possession] of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; [or] (5) The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving. . . .

After a…