Bohannon v. State

Sears, Justice.

We granted the application for interlocutory appeal filed by the appellant, Ryan Bohannon, to consider his due process challenges to OCGA § 40-6-391 (a) (5), which provides that it is a crime to have a blood-alcohol concentration of .10 or greater, as measured within three hours of driving, if the blood-alcohol level results from alcohol consumed either before or while driving. Bohannon contends that subsection (a) (5) violates due process (1) because it is not reasonably related to a legitimate state interest, (2) because it is too vague to apprise people of the prohibited…