Steele v. State

Benham, Justice.

After the trial court denied his motion to dismiss and plea in bar, appellant pled guilty to driving under the influence of alcohol to the extent he was a less safe driver (OCGA § 40-6-391 (a) (1)). Pursuant to a stipulation entered into by the parties, appellant brings this appeal in which he contests the constitutionality of OCGA § 40-6-391. The statute in question reads as follows:(a) A person shall not drive or be in actual physical control of any moving vehicle while:(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;(2) Under…