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STATE v. WORTHINGTON

No. 27890.

65 P.3d 211 (2002)

138 Idaho 470

STATE of Idaho, Plaintiff-Respondent, v. Scott Arthur WORTHINGTON, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied March 19, 2003.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Richard J. Hansen, Deputy Appellate Public Defender, Boise, for appellant. Richard J. Hansen argued.

Hon. Alan G. Lance, Attorney General; Karen A. Hudelson, Deputy Attorney General, Boise, for respondent. Karen A. Hudelson argued.

LANSING, Judge.

After being arrested for driving under the influence of alcohol (DUI), Scott Arthur Worthington refused to submit to a breath test or blood test to determine alcohol concentration. He was therefore taken to a hospital, where a forcible blood draw was conducted. Worthington moved to suppress the results of the blood test on the ground that use of force to obtain the blood sample was unreasonable and violated his Fourth Amendment rights. Following the...

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