OPINION
ORME, Judge:
Steven D. Clements appeals from a conviction of driving under the influence of alcohol, a class A misdemeanor, in violation of Utah Code Ann. § 41-6-44(2)(a) (Supp.1998), and having an open container of alcohol in a vehicle, a class C misdemeanor, in violation of Utah Code Ann. § 41-6-44.20(2) (1993).
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