Pough v. State

Miller, Judge.

A jury found Clifford Pough guilty under Count 1 of driving under the influence to the extent it was less safe to drive (“DUI less safe”) (OCGA § 40-6-391 (a) (1)) and guilty under Count 2 of driving with an unlawful alcohol concentration (“DUI per se”) (OCGA § 40-6-391 (a) (5)), based on the same conduct. Pough appeals from the denial of his motion for new trial, contending that the evidence was insufficient to establish his guilt for the DUI offenses. For the reasons that follow, we affirm in part and vacate in part.

Following a criminal conviction, we view the evidence in the…