Cunningham v. State

MELANSON, Judge.

Scott Thomas Cunningham appeals from the district court’s intermediate appellate decision reversing the magistrate’s order reinstating Cunningham’s driver’s license. For the reasons set forth below, we reverse the district court’s decision and vacate the order suspending Cunningham’s driver’s license.

I

FACTS AND PROCEDURE

Cunningham was arrested on suspicion of driving under the influence of alcohol (DUI). I.C. § 18-8004. The arresting officer transported Cunningham to jail and requested that Cunningham submit to a breath alcohol concentration (BAC) test. The officer provided…