Archer v. State, Department of Transportation

PERRY, Judge.

The Idaho Transportation Department appeals from the district court’s decision upon judicial review reversing the Idaho Transportation Department’s order suspending Archer’s driver’s license after he failed a blood alcohol concentration test. For the reasons set forth below, we reverse the decision and order of the district court.

I

FACTS AND PROCEDURE

Archer was stopped for speeding while operating a commercial vehicle in December 2005. The officer who stopped Archer noticed that Archer smelled like alcohol and Archer admitted to drinking. The officer conducted a breath test using…