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BOHANNON v. STATE

No. S97A2082.

497 S.E.2d 552 (1998)

269 Ga. 130

BOHANNON v. The STATE.

Supreme Court of Georgia.

February 23, 1998.

Attorney(s) appearing for the Case

Sean A. Black, Toccoa, for appellant.

James E. Cornwell, Jr., Solicitor, Thurbert E. Baker, Atty. Gen., Neal B. Childers, Senior Asst. Atty. Gen., Carol A. Callaway, Asst. Atty. Gen., for appellee

SEARS, Justice.

We granted the application for interlocutory appeal filed by the appellant, Ryan Bohannon, to consider his due process challenges to OCGA § 40-6-391(a)(5), which provides that it is a crime to have a blood-alcohol concentration of .10 or greater, as measured within three hours of driving, if the blood-alcohol level results from alcohol consumed either before or while driving. Bohannon contends that subsection (a)(5) violates due process (1) because...

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