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STATE v. DANIEL

No. 24306.

979 P.2d 103 (1999)

132 Idaho 701

STATE of Idaho, Plaintiff-Respondent, v. David R. DANIEL, Defendant-Appellant.

Supreme Court of Idaho, Idaho Falls, October, 1998 Term.

Rehearing Denied June 9, 1999.

Attorney(s) appearing for the Case

Gilman J. Gardner, Bonneville County Public Defender, Cindy L. Campbell, Deputy Public Defender, Idaho Falls, for appellant. Cindy L. Campbell argued.

Hon. Alan G. Lance, Attorney General; Kimberly A. Coster, Deputy Attorney General, Boise, for respondent. Kimberly A. Coster argued.

TROUT, Chief Justice.

David R. Daniel (Daniel) appeals from his conviction for aggravated driving while under the influence of alcohol. Daniel was involved in a two-vehicle accident. Tests, taken more than two and one-half hours after the accident showed Daniel's blood alcohol concentration (BAC) to be well below the legal limit. At the time of the accident, I.C. § 18-8004(1) prohibited individuals with a BAC of .10 or above from driving. On appeal, Daniel claims...

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