Matter of Smith
Idaho Court of Appeals
1Opinion of the Court
BURNETT, Judge.
Idaho Code § 18-8002(4) provides that if a motorist “refuses” to take a blood-alcohol test after he has been arrested for driving under the influence, his operator’s license shall be suspended. Today we are asked to decide whether the test has been “refuse[d]” if the motorist initially declines the test but shortly thereafter agrees to take it. As explained in more detail below, we hold that there is no refusal if the assent is still timely and is given unequivocally.
The facts framing the issue are undisputed. On January 19, 1987, at about 10:15 a.m., a car driven by Glenn…
Also in this document: Concurrence.
2Cases cited22 opinions
- South Dakota v. NevilleSupreme Court of the United States · 1983
- Lund v. HjelleNorth Dakota Supreme Court · 1974
- Matter of GriffithsIdaho Supreme Court · 1987
- State v. AnkneyIdaho Supreme Court · 1985
- Zahtila v. Motor Vehicle Div., Dept. of Rev.Colorado Court of Appeals · 1977
17 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Toby Joseph Welch v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 2011
- Department of Licensing v. LaxWashington Supreme Court · 1995
- State v. SuazoNew Mexico Supreme Court · 1994
- Baldwin v. State ex rel. Department of Public SafetySupreme Court of Oklahoma · 1993
- Pickard v. State Dept. of Public SafetyLouisiana Court of Appeal · 1990
22 more not listed; retrieve them via the Exa API.