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BOWMAN v. DEPT. OF TRANSPORTATION

No. 26238.

25 P.3d 866 (2001)

135 Idaho 843

In the Matter of the Driver's License Suspension of Eric Alexander Bowman. Eric Alexander BOWMAN, Petitioner-Respondent, v. IDAHO TRANSPORTATION DEPARTMENT, Respondent-Appellant.

Court of Appeals of Idaho.

May 9, 2001.

Attorney(s) appearing for the Case

Hon. Alan G. Lance, Attorney General, Boise, Edwin L. Litteneker, Special Deputy Attorney General, Lewiston, for appellant. Edwin L. Litteneker argued.

Clark & Feeney, Lewiston, for respondent. Douglas L. Mushlitz argued.

PERRY, Judge.

The Idaho Transportation Department appeals from the district court's order modifying the Department's one-year suspension of Eric Alexander Bowman's driving privileges. We reverse.

I.

BACKGROUND

On August 21, 1998, Bowman was arrested for driving under the influence and agreed to submit to a blood test. A sample of his blood was taken and sent to the Idaho Department of Law Enforcement for laboratory testing.

On September...

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