Wheeler v. Idaho Transportation Department

Judge LANSING,

Dissenting.

I concur with Part III(A) of the majority opinion, but I respectfully dissent from Part III(B). In my view, the district court’s decision should be reversed, and the suspension of Wheeler’s driver’s license should be vacated, because he met his burden to prove that his breath alcohol test was not administered in compliance with governing standards.

It is helpful to begin with a brief review of the development of the statutory law eon*387eerning testing of drivers for alcohol concentration in the breath, blood or urine. In 1972, when the DUI statutes were codified in Title…