Fowler v. State

Ellington, Judge.

A Clarke County jury found Russell Fowler guilty of two counts of driving under the influence, OCGA § 40-6-391 (a) (1) (less safe) and (a) (5) (per se); and failure to maintain a lane, OCGA § 40-6-48 (1). He appeals from the denial of his motion for new trial, contending the trial court erred in admitting certain evidence and in sentencing him on both counts of DUI. For the following reasons, we affirm in part and vacate in part, and remand the case for resentenc-ing.

1. Fowler contends that the court erred in denying his motion to suppress the results of his blood alcohol…