Opinion No. 11
from the District Court of the Fifth Judicial District, State
of Idaho, Jerome County. Hon. John K. Butler, District Judge.
granting motion to suppress, reversed and case
Lawrence G. Wasden, Attorney General; Theodore S. Tollefson,
Deputy Attorney General, Boise, for appellant.
D. Fredericksen, State Appellate Public Defender; Erik R.
Lehtinen, Deputy Appellate Public Defender, Boise, for
GRATTON, Chief Judge
State appeals from the district court's order granting
Gabriel Ortega-Vastida's motion to suppress. For reasons
explained below, we reverse the district court's order
and remand the case for further proceedings consistent with
AND PROCEDURAL BACKGROUND
Kelly suspected Ortega-Vastida was driving under the
influence. Officer Kelly stopped Ortega-Vastida and Officer
Summers performed field sobriety tests. Ortega-Vastida failed
the tests, and Officer Summers arrested Ortega-Vastida for
driving under the influence.
jail, Officer Kelly played Ortega-Vastida an audio recording
of the ALS advisory in Spanish. Officer Kelly performed
breath tests on Ortega-Vastida, but Ortega-Vastida did not
provide sufficient breath samples. Officer Kelly spoke fluent
Spanish and told Ortega-Vastida that he "would like to
take him to the hospital to have a blood sample done"
and "asked if he was willing to do it."
Ortega-Vastida did not object, stood up, and went with
Officer Kelly to the hospital.
hospital, Officer Kelly reminded Ortega-Vastida of the
potential civil penalties of refusing the blood draw,
translated a consent-to-draw card into Spanish, and gave the
card to Ortega-Vastida. Ortega-Vastida signed the card, and
the hospital staff drew Ortega-Vastida's blood. The test
of Ortega-Vastida's blood revealed a blood alcohol
content of .370.
State charged Ortega-Vastida with felony driving under the
influence, Idaho Code Sections 18-8004 and 18-8005(9).
Ortega-Vastida moved to suppress evidence of the results of
the blood test. The district court granted the motion,
holding that Ortega-Vastida's consent to draw his blood