McMURRAY, Presiding Judge.
Defendant was tried by a jury on a two-count accusation. Count 1 charged defendant with driving while under the influence of alcohol. See OCGA § 40-6-391 (a) (1). Count 2 charged that defendant did drive and was in actual physical control of a moving vehicle "[w]hile there was in his blood 0.12 percent or more by weight of alcohol." See OCGA § 40-6-391 (a) (4). The same conduct formed the basis for both counts of the accusation...
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