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MATTER OF PANGBURN

No. 20025.

857 P.2d 618 (1993)

124 Idaho 139

In the Matter of the Suspension of the Driver's License of Daniel Edward PANGBURN. Daniel Edward PANGBURN, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, March 1993 Term.

August 2, 1993.

Attorney(s) appearing for the Case

Rettig, Rosenberry, Lovan & Pangburn, Caldwell, for petitioner-appellant. Bob E. Pangburn argued.

Larry EchoHawk, Atty. Gen.; Douglas A. Werth, Deputy Atty. Gen., Boise, for respondent. Douglas A. Werth argued.

JOHNSON, Justice.

This is a driver's license suspension case. We conclude that a motorist who is requested to submit to evidentiary testing for concentration of alcohol, or for the presence of drugs or other intoxicating substances, must be allowed to give delayed assent to the testing, after first having refused to submit, when testing equipment and personnel are reasonably available. In this case, although the motorist gave delayed assent to submit to the testing...

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