Sanders v. State

Banke, Chief Judge.

The defendant appeals the denial of her motion for new trial following her conviction of two counts of driving under the influence of alcohol. Both counts were based on a single occurrence. Count 1 alleged that the defendant “did physically control a moving vehicle while under the influence of alcohol,” while Count 2 charged that she “did control a moving vehicle while there was at least .12 percent alcohol in their (sic) blood by weight.”

The defendant admitted that she had consumed approximately 4-1/2 ounces of peppermint schnapps during the 3-1/2-hour period immediately…