State v. Eidahl

AMUNDSON, Justice.

State appeals an order dismissing an information charging Catherine Eidahl (Ei-dahl) 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. *92on May 12, 1991, a police officer for the City of Huron, South Dakota, was on duty in a patrol car parked on a city street. The officer saw Eidahl’s car pass by and, for no reason other than the late…