State v. Janssen

WUEST, Acting Justice.

William H. Janssen (appellant) appeals from a judgment and conviction of driving while under the influence (DWI) of an alcoholic beverage, in violation of SDCL 32-23-1, and having one prior conviction for DWI within the preceding five years, in violation of SDCL 32-23-3. We affirm.

On the night of February 3, 1984, State Trooper Patrick Fahey (Fahey) responded to a radio call informing him that an automobile was observed driving erratically on Interstate 90, approximately fourteen miles west of Kadoka, in Jackson County, South Dakota. Fahey testified that, when he spotted…