State v. Roadifer

MORGAN, Justice.

This intermediate appeal is from an order suppressing evidence in a prosecution for driving while under the influence (DWI) in violation of SDCL 32-23-1(2). Intermediate pretrial orders are appealable at this court’s discretion. SDCL 23A-32-12. State filed a petition for allowance of appeal from the trial court’s suppression order and this court granted the petition on February 22, 1983. We reverse and remand.

William R. Roadifer (Roadifer) was arrested for DWI and for driving under a revoked license in the early hours of September 8, 1982. Thereafter, the arresting officer,…