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ARCHER v. STATE, DEPT. OF TRANSP.

No. 33725.

181 P.3d 543 (2008)

In the Matter of the Driver's License Suspension of Frank Albert Archer. Frank Albert ARCHER, Petitioner-Respondent, v. STATE of Idaho, DEPARTMENT OF TRANSPORTATION, Respondent-Appellant.

Court of Appeals of Idaho.

March 27, 2008.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General; J. Tim Thomas, Deputy Attorney General, Boise, for appellant. J. Tim Thomas argued.

McDermott & Zollinger, Chtd., Pocatello, for respondent. Keith A. Zollinger argued.

PERRY, Judge.

The Idaho Transportation Department appeals from the district court's decision upon judicial review reversing the Idaho Transportation Department's order suspending Archer's driver's license after he failed a blood alcohol concentration test. For the reasons set forth below, we reverse the decision and order of the district court.

I.

FACTS AND PROCEDURE

Archer was stopped for speeding...

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