Elias-Cruz v. Idaho Department of Transportation

EISMANN, Justice.

This is an appeal from a decision of a district court holding that in a hearing regarding an administrative license suspension pursuant to Idaho Code section 18-8002A, the hearing officer must consider the margin of error of the breath testing machine when determining whether the test results support suspension. We reverse the judgment of the district court.

I

Factual Background.

On October 21, 2010, at approximately 9:09 p.m., an Idaho State Trooper stopped a vehicle on U.S. Highway 95 for speeding. The driver of the vehicle was twenty-year-old Alma Elias-Cruz. When the trooper…