Brown v. State

On June 18, 2003, Alvin Bernard Brown was charged with two counts of driving under the influence of alcohol ("DUI"), violations of §§ 32-5A-191(a)(2) and 32-5A-191(a)(1), Ala. Code 1975. On October 21, 2003, Brown moved to suppress the results of his blood alcohol test on the ground that there was no evidence indicating that Brown, after having consumed alcohol, had been on a public roadway; after hearing testimony and argument, the trial court denied the motion. (R. 19.)

Also on October 21, 2003, Brown pleaded guilty to felony DUI with three prior DUI offenses, a violation of §…