Mullinax v. State

Blackburn, Judge.

Michael Jason Mullinax appeals his conviction after a bench trial of DUI. Mullinax contends that the trial court erred in denying his motion for plea in abatement and that the State failed to lay the proper foundation for the admission of the State-administered breath test.

1. Mullinax asserts that the State’s proof did not meet the allegations contained in the accusation. The accusation charged that on June 5,1996, Mullinax was “driving with an unlawful alcohol concentration by being in actual control of a moving vehicle while having an alcohol concentration of 0.10 grams or…