STATE v. WAGNER

No. 36232.

233 P.3d 199 (2010)

STATE of Idaho, Plaintiff-Respondent, v. Michael Howard WAGNER, Defendant-Appellant.

Court of Appeals of Idaho.

June 1, 2010.


Attorney(s) appearing for the Case

Vernon K. Smith, Jr., Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent. Jessica M. Lorello argued.


GRATTON, Judge.

Michael Howard Wagner appeals the suspension of his driver's license, pursuant to Idaho Code § 18-8002, due to his refusal to submit to a breath test. We affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Officer Hale observed a car swerving and initiated a traffic stop of Wagner's vehicle. Wagner admitted to drinking alcohol. Officer Hale administered field sobriety tests, which Wagner failed. Wagner was transported to the...

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