Ex Parte State

We granted the writ on the petition of the State of Alabama to review the holding of the Court of Criminal Appeals that the provisions of subsections (a)(1) and (a)(2) of Ala. Code 1975, § 32-5A-191 (driving while under the influence of alcohol, controlled substances, etc.) constitute two separate offenses and that a complaint charging the defendant with violating subsection (a)(1) could not be amended to add a violation of subsection (a)(2).

Section 32-5A-191, in pertinent part, reads as follows:

"(a) A person shall not drive or be in actual physical control of any vehicle while:

"(1) There is…