Matter of Heth

David Heth appeals from a district court decision upholding a magistrate's order suspending his driver’s license for 120 days because he refused a blood alcohol concentration (BAG) test. We are presented with two issues: (1) whether the magistrate abused his discretion in refusing to grant a second continuance of the license suspension hearing; and (2) whether I.C. § 18-8002 unconstitutionally places the burden on the motorist, in license suspension hearings, to demonstrate good cause for refusal. For reasons explained below, we affirm the district court’s decision.

Heth was stopped by an…