State v. Matilda K. Kling

LANSING, Chief Judge.

The State appeals from the district court’s appellate decision affirming the magistrate’s order declining to suspend the nonresident driver’s license of Matilda K. Kling for Kling’s refusal to submit to an alcohol concentration test.

I

FACTS AND PROCEDURE

Kling, who held a Washington state driver’s license, was arrested for driving under the influence of alcohol in Blaine County. When asked by the officer to perform a breath test for alcohol concentration, Kling refused. The officer did not seize Kling’s driver’s license at that time as he was directed to do by Idaho Code §…