OPINION
VANMETER, Judge.
This court granted discretionary review of an order from the Garrard Circuit Court affirming the Garrard District Court's judgment after a jury found John Smith guilty of driving under the influence (DUI), pursuant to KRS 189A.010. Smith argues that the trial court erred by failing to dismiss the action based on the Commonwealth's failure to elect under which subsection of KRS 189A.010 it would proceed. For the reasons stated...
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