Head v. State

PERRY, Chief Judge.

Brian E. Head appeals from the district courts order affirming the magistrate’s suspension of Head’s driver’s license for 180 days for failure to submit to an evidentiary blood alcohol concentration test (BAC). I.C. § 18-8002. We reverse.

I

BACKGROUND

In the early morning hours of November 1, 1997, Head was the sole person found at the scene of a single-vehicle accident. Head was extricated from the vehicle, treated for injuries, and transported to a hospital for further care. After arriving at the hospital, Head was met by a police officer from the Latah County sheriffs…