South Dakota Supreme Court June 25, 1997, None (State v. Bruch)

PER CURIAM.

[¶ 1] Bruch appeals from a circuit court order affirming the magistrate court’s order denying his motion to declare his February 24,1993 DUI conviction invalid. We reverse.

FACTS

[¶ 2] Bruch was arrested for DUI on August 6, 1992. Bruch retained Roger Tellin-ghuisen as his attorney. Following a preliminary hearing, Bruch waived the 180-day rule, SDCL 23A-44-5.