State of South Dakota v. Amanda Biteler

Canton, South Dakota, criminal defense lawyer represented the Defendant charged with driving under the influence of alcohol.

manda Biteler was arrested and charged with driving under the
influence (second offense) and released on bond. One of the conditions of her release
was breath testing under the 24/7 alcohol monitoring program. Biteler was
eventually permitted to enroll in “remote breath,” which allowed her to provide her
required breath samples by remote testing. When a remote breath enrollee submits
a breath test, the testing device takes their photograph. One of Biteler’s test
photographs was flagged because it did not appear that she was the person who
blew into the testing device. Biteler was charged with making a false report to law
enforcement in violation of SDCL 22-11-9(3). The magistrate court convicted her,
and she appealed to the circuit court

The circuit court reversed, reasoning that Biteler’s 24/7 breath submission did not constitute a “report” under SDCL 22-11-9(3). The State appeals. We reverse the circuit court and reinstate the magistrate court’s judgment of conviction.