HENDERSON, Justice.
ACTION
In this criminal appeal, we shall refer to David G. Fischer, appellant-defendant, as Fischer, and appellee State of South Dakota as State. Fischer appeals from an Order and Judgment of the circuit court which denied his motion for acquittal; found him guilty of driving under the influence of an alcoholic beverage; and affirmed a magistrate court order denying a motion to suppress. We affirm.
FACTS
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