Court of Criminal Appeals of Alabama August 27, 2004, CR-02-0437 (Altherr v. State)

On Application for Rehearing The opinion of January 30, 2004, is withdrawn and the following opinion is substituted therefor. We are taking the opportunity in this substituted opinion to address the State's assertion in its application *Page 1107 for rehearing that John Anthony Altherr's conviction for felony driving under the influence ("DUI") need not be reversed and that Altherr is entitled