Shah v. State

Ruffin, Judge.

Following a bench trial, the trial court found Sachin Shah not guilty of driving with an unlawful alcohol concentration (“per se DUI”), and convicted him on three other charges. Thereafter, the trial court granted a new trial, and Shah filed a plea in bar, contending that double jeopardy precluded his retrial for the per se DUI charge. The trial court denied his double jeopardy plea, and Shah appeals. For reasons that follow, we reverse.

Shah was charged with driving under the influence of alcohol to the extent that he was less safe to drive (“DUI less safe”), per se DUI,…