State v. Tierney

BAKES, Justice.

Richard A. Tierney appeals from a district court order affirming the suspension of his driver’s license. Tierney’s driver’s license was suspended after Tierney refused to take the alcohol concentration test required by I.C. § 49-352.1 The version of *476I.C. § 49-352 at issue here was repealed in 1984.

In the early morning hours of September 8,1983, Tierney was stopped by a Lewiston police officer after failing to stop for a stop sign. Because Tierney smelled of alcohol, he was given a set of field sobriety tests, which he failed to complete satisfactorily. Tierney was then arrested…