State v. Kitchens

Thomas B. Kitchens (Kitchens) appeals his conviction for driving while under the influence of an alcoholic beverage (DUI). We affirm.

FACTS

At approximately 10:20 p.m. on the night of September 20, 1991, a police officer for the City of Pierre, South Dakota, was dispatched to a local convenience store in order to investigate a person who had passed out in a pickup truck parked in the store’s parking lot. When the officer arrived, he found the pickup in the parking lot as reported, parked approximately ten to fifteen feet south of a city streét. Kitchens was “slumped over” the steering wheel of…