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STATE v. EIDAHL

No. 17986.

495 N.W.2d 91 (1993)

STATE of South Dakota, Plaintiff and Appellant, v. Catherine Julia EIDAHL, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 20, 1993.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for plaintiff and appellant.

Douglas G. Fosheim of Fosheim and Haberstick, Huron, for defendant and appellee.

AMUNDSON, Justice.

State appeals an order dismissing an information charging Catherine Eidahl (Eidahl) with one count of driving or control of a vehicle while having 0.10 percent or more of alcohol in her blood (DUI). We affirm.

FACTS

This case is once again before us after our remand in State v. Eidahl, 486 N.W.2d 257 (S.D.1992). The pertinent facts have not changed. At approximately 2:45 a.m.

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