State v. Wagner

GRATTON, Judge.

Michael Howard Wagner appeals the suspension of his driver’s license, pursuant to Idaho Code § 18-8002, due to his refusal to submit to a breath test. We affirm.

I

FACTUAL AND PROCEDURAL BACKGROUND

Officer Hale observed a car swerving and initiated a traffic stop of Wagner’s vehicle. Wagner admitted to drinking alcohol. Officer Hale administered field sobriety tests, which Wagner failed. Wagner was transported to the police station where Officer Hale gave Wagner the license suspension warning and asked him to take a breath test. Wagner refused the breath test. Wagner informed…