BENHAM, Justice.
After the trial court denied his motion to dismiss and plea in bar, appellant pled guilty to driving under the influence of alcohol to the extent he was a less safe driver (OCGA § 40-6-391 (a) (1)). Pursuant to a stipulation entered into by the parties, appellant brings this appeal in which he contests the constitutionality of OCGA § 40-6-391.
The statute in question reads as follows:
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