State v. Bartunek

HENDERSON, Justice.

ACTION

This is an appeal from a judgment of conviction finding David Mike Bartunek, appellant, guilty of driving while under the influence of alcohol. SDCL 32-23-1. We affirm.

FACTS

After receiving a phone call from a citizen at midnight on January 12, 1981, to the effect that a motor vehicle accident had occurred south of Stickney, South Dakota, Deputy Sheriff Dwight DeBoer proceeded to the accident scene. Deputy DeBoer observed appellant and his brother near the vehicle. Both were injured, bleeding, stumbling around the wrecked vehicle and appeared to be intoxicated,…