Bennett v. State

Gardner, Presiding Judge.

1. The defendant was convicted in the, City Court of Gwinnett County in that he did “while under the influence of intoxicating liquors and drugs, unlawfully drive and operate an automobile” upon a public highway.

In order to convict one for driving under the influence of intoxicants this court has ruled that the evidence must show that the defendant was indeed drinking and that because of this condition his ability to drive was shown to be less safe than would have been his ability to drive without the intoxicants. See Rice v. State, 98 Ga. App. 803 (107 S. E. 2d 270).…