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STATE v. DIAZ

No. 32422.

160 P.3d 739 (2007)

STATE of Idaho, Plaintiff-Respondent, v. Benito A. DIAZ, Defendant-Appellant.

Supreme Court of Idaho, Boise, March 2007 Term.

Rehearing Denied June 21, 2007.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Eric D. Fredericksen argued.

Honorable Lawrence G. Wasden, Attorney General, Boise, for respondent. Jessica Lorello argued.

JONES, Justice.

Appellant Benito Diaz entered a conditional guilty plea to a felony charge of driving under the influence (DUI). Diaz had moved to suppress the results of a blood alcohol content (BAC) test, claiming that a "forced" blood draw violated his constitutional rights. The district court denied his motion. We affirm.

I.

On April 9, 2005, Officer Scott Montgomery stopped a red Ford Mustang on Highway 30 in Buhl for erratic driving. The driver...

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