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HALEN v. STATE

No. 27181.

41 P.3d 257 (2002)

136 Idaho 829

In the Matter of the Driver's License Suspension of Brian S. Halen. Brian S. HALEN, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Lewiston, October 2001 Term.

January 17, 2002.

Attorney(s) appearing for the Case

Charles M. Stroschein, Lewiston, for appellant.

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise; for respondent.

ON REVIEW

KIDWELL, Justice.

Brian Halen (Halen) refused to submit to a police officer's request for a blood withdrawal to test the concentration of alcohol in his blood. At a hearing held pursuant to I.C. § 18-8002, Halen argued that his driver's license should not be suspended because his fear of needles was sufficient cause for refusing the blood withdrawal and because the law enforcement advisory form did not properly inform him of the consequences...

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