State v. Tiffany Leigh Turbyfill

LANSING, Judge.

Tiffany Leigh Turbyfill appeals from her conviction for felony driving under the influence of alcohol. Turbyfill argues that pursuant to Idaho Code § 18-8004(2), the State is prohibited from prosecuting her because in breath testing, one of her three breath samples yielded an alcohol concentration of less than the legal limit. The district court denied Turbyfill’s motion to dismiss, and she challenges that order.

I

BACKGROUND

Turbyfill was stopped by Deputy Reynolds of the Bonner County Sheriffs Department for operating a vehicle with a broken taillight. Because Turbyfill smelled…