Legal Opinion

Matter of McNeely

Idaho Court of Appeals

Decided July 24, 1990No. 17962PublishedCited by 47 opinions

1Opinion of the Court

WALTERS, Chief Justice.

This case involves the suspension of a driver’s license pursuant to Idaho’s implied consent statute, I.C. § 18-8002. A magistrate ordered suspension of Dennis McNeely’s driver’s license for a period of 180 days based upon McNeely’s failure to submit to a blood alcohol concentration (BAC) test at the time of his arrest for driving under the influence of alcohol (DUI). On appeal, the district court upheld the magistrate’s order. Appealing further, McNeely contends *185that he should have been permitted to speak with his attorney prior to deciding whether to submit to the BAC…

2Cases cited42 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. United States v. WadeSupreme Court of the United States · 1967
  4. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  5. MacKey v. MontrymSupreme Court of the United States · 1979

37 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Bradbury v. Idaho Judicial CouncilIdaho Supreme Court · 2001
  2. Aberdeen-Springfield Canal Co. v. PeiperIdaho Supreme Court · 1999
  3. State v. DeWittIdaho Court of Appeals · 2008
  4. State v. RamirezIdaho Court of Appeals · 1991
  5. Head v. StateIdaho Supreme Court · 2002

42 more not listed; retrieve them via the Exa API.

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