Matter of Nowoj

WALTERS, Chief Judge.

Debra Nowoj appeals from a district court’s decision upholding a magistrate’s order suspending her driver’s license pursuant to Idaho’s implied consent statute, I.C. § 18-8002. She presents the following issues: (1) whether the court erred in finding Nowoj did not meet her burden of proof at the hearing; (2) whether I.C. § 18-8002 violates due process because it places the burden of proof on the licensee in a license suspension proceeding; and (3) whether the civil penalty embodied in I.C. § 18-8002 is in conflict with the criminal law limitations set forth in I.C. §…