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Phillips v. State

Even though the defendant only pleaded guilty to driving while a less safe driver, the trial court properly sentenced her to 24 hours in jail because she admitted that her blood alcohol level was .11.

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Carmen Phillips appeals her sentence on her first DUI conviction, alleging the trial court erred by ruling that Georgia law required it to sentence her to 24 hours in jail. We affirm.

An accusation charged Phillips with driving under the influence to the extent she was a less safe driver, driving with an alcohol concentration of 0.10 grams or more, and driving with a suspended license. The initial traffic citation indicated that a breath test revealed a blood alcohol concentration of 0.11 grams. She pled guilty and the parties announced to the court that they had negotiated a plea agreement in which Phillips would plead guilty to driving while a less safe driver and the State would nolle prosequi the charge of driving with an alcohol concentration of 0.10 or greater. During the plea hearing, the trial court said, “And I see that you pulled a point count of .11. That alcohol was in your system while you were driving. Is that correct” Phillips answered, “Yes, ma’am.”

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