2013 Unpublished Opinion No. 745
Appeal from the District Court of the Fifth Judicial District, State of Idaho, Blaine County. Hon. Robert J. Elgee, District Judge; Hon. R. Ted Israel, Magistrate.
Appellate decision of district court affirming judgment of conviction, affirmed.
Andrew Parnes, Ketchum, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Daphne J. Huang, Deputy Attorney General, Boise, for respondent. Daphne J. Huang argued.
PERRY, Judge Pro Tem.
David M. Knott appeals from the district court's appellate decision and order affirming the magistrate's order denying Knott's motion to exclude evidence of his refusal to undergo an alcohol concentration test from his criminal trial for driving under the influence. We affirm.
Following a traffic stop, Knott was charged with driving under the influence in violation of Idaho Code § 18-8004. Knott filed a pretrial motion to exclude evidence of his refusal to undergo testing for alcohol or other intoxicating substances. Knott contended, among other things, that the evidence should be inadmissible in the criminal trial because a police officer failed to properly inform him of the consequences of refusing evidentiary testing. Knott further asserted that evidence of his refusal should be excluded under Idaho Rule of Evidence 403. The magistrate denied the motion. Knott then entered a conditional guilty plea, reserving the right to appeal the denial of his motion. On intermediate appeal, the district court affirmed. Knott appeals to this Court.
II. STANDARD OF REVIEW
On review of a decision of the district court, rendered in its appellate capacity, we review the decision of the district court directly. Losser v. Bradstreet, 145 Idaho 670, 672, 183 P.3d 758, 760 (2008); State v. DeWitt, 145 Idaho 709, 711, 184 P.3d 215, 217 (Ct. App. 2008). We examine the magistrate division record to determine whether there is substantial and competent evidence to support the magistrate's findings of fact and whether the magistrate's conclusions of law follow from those findings. DeWitt, 145 Idaho at 711, 184 P.3d at 217. If those findings are so supported, and the conclusions follow therefrom, and if the district court affirmed the magistrate's decision, we affirm the district court's decision as a matter of procedure. Id.
In Idaho, a driver's license or driving privileges are subject to civil administrative suspension if, when lawfully requested, he refuses to undergo evidentiary testing for alcohol or other intoxicating substances, I.C. § 18-8002(4)(a), or if he fails evidentiary testing, I.C. § 18-8002A(4)(a). Both statutes direct that, at the time of evidentiary testing, a driver be advised about the consequences of failing or refusing a test. I.C. §§ 18-8002(3), 18-8002A(2). The failure to give the statutorily-required warnings is a ground to have an administrative suspension set aside. In re Griffiths, 113 Idaho 364, 368, 744 P.2d 92, 96 (1987); State v. Kling, 150 Idaho 188, 190-93, 245 P.3d 499, 501-04 (Ct. App. 2010). That is, apparently,  what happened here. Knott refused evidentiary testing subjecting him to a ...