Bowman v. Idaho Transportation Department

25 P.3d 866, 135 Idaho 843, 2001 Ida. App. LEXIS 31
CourtIdaho Court of Appeals
DecidedMay 9, 2001
DocketNo. 26238
StatusPublished
Cited by1 cases

This text of 25 P.3d 866 (Bowman v. Idaho Transportation Department) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bowman v. Idaho Transportation Department, 25 P.3d 866, 135 Idaho 843, 2001 Ida. App. LEXIS 31 (Idaho Ct. App. 2001).

Opinions

PERRY, Judge.

The Idaho Transportation Department appeals from the district court’s order modifying the Department’s one-year suspension of Eric Alexander Bowman’s driving privileges. We reverse.

I.

BACKGROUND

On August 21, 1998, Bowman was arrested for driving under the influence and agreed to submit to a blood test. A sample of his blood was taken and sent to the Idaho Department of Law Enforcement for laboratory testing.

On September 19, 1998, Bowman was again arrested for driving under the influence and agreed to submit to a breath test. The breath test results indicated an alcohol concentration in excess of the legal limit. The Department immediately issued a notice of suspension, notifying Bowman that his driving privileges would be suspended for ninety days. Bowman did not challenge the Department’s action.

On November 4, 1998, the Idaho Department of Law Enforcement completed its report detailing the results of the blood test from Bowman’s August arrest. The Department received the report approximately one week later. The test results indicated that the alcohol concentration in Bowman’s blood was .19, a concentration in excess of the legal limit. The Department issued a notice of suspension, notifying Bowman that his driving privileges would be suspended for one year. In response, Bowman requested a healing before the Department to challenge the suspension of his driving privileges. Following the hearing, the Department’s hearing examiner issued an order sustaining the one-year suspension of Bowman’s driving privileges.

[845]*845Pursuant to the Idaho Administrative Procedure Act (IDAPA),1 Bowman petitioned for judicial review of the Department’s suspension of his driving privileges. The suspension of Bowman’s driving privileges was stayed pending the judicial review. Before the district court, Bowman argued that the Department erred in suspending his driving privileges for one year rather than for only ninety days. The district court agreed and modified the Department’s suspension of Bowman’s driving privileges, reducing the suspension period from one year to ninety days. The Department appeals.

II.

ANALYSIS

In an appeal from the decision of a district court acting in its appellate capacity under the IDAPA, this Court reviews the agency record independently of the district court’s decision. Howard v. Canyon County Bd. of Comm’rs, 128 Idaho 479, 480, 915 P.2d 709, 710 (1996). This Court does not substitute its judgment for that of the agency as to the weight of the evidence presented. I.C. § 67-5279(1). We instead defer to the agency’s findings of fact unless they are clearly erroneous. Castaneda v. Brighton Corp., 130 Idaho 923, 926, 950 P.2d 1262, 1265 (1998). This Court may overturn an agency’s decision where its findings, inferences, conclusions, or decisions: (a) violate statutory or constitutional provisions; (b) exceed the agency’s statutory authority; (c) are made upon unlawful procedure; (d) are not supported by substantial evidence in the record; or (e) are arbitrary, capricious, or an abuse of discretion. I.C. § 67-5279(3). The party challenging the agency decision must illustrate that the agency erred in a manner specified in I.C. § 67-5279(3) and that a substantial right of that party has been prejudiced. Price v. Payette County Bd. of County Comm’rs, 131 Idaho 426, 429, 958 P.2d 583, 586 (1998); Angstman v. City of Boise, 128 Idaho 575, 578, 917 P.2d 409, 412 (Ct.App.1996).

The Department argues on appeal that Bowman’s driving privileges were properly suspended for one year pursuant to I.C. § 18-8002A(4)(a) because this was Bowman’s second failure of an alcohol concentration test within five years. A suspension of driving privileges pursuant to I.C. § 18-8002A is a civil penalty separate and apart' from any other suspension imposed for a violation of other Idaho motor vehicle codes or for a conviction of an offense. I.C. § 18-8002(5). Idaho Code Section 18-8002A(4)(a) provides the Department with the authority to suspend a person’s driving privileges:

Upon receipt of the sworn statement of a peace officer that there existed legal cause to believe a person had been driving ... a motor vehicle while under the influence of alcohol ... and that the person submitted to a test and the test results indicated an alcohol concentration ... in violation of [I.C.] section 18-8004----

Idaho Code Section 18-8004 provides that it is unlawful for any person who has an alcohol concentration of .08 or more to drive or be in actual physical control of a motor vehicle within this state. A person’s driving privileges shall be suspended for “a period of ninety (90) days for a first failure of evidentiary testing,” I.C. § 18-8002A(4)(a)(i), and for “a period of one (1) year for a second and any subsequent failure of evidentiary testing ... within the immediately preceding five (5) years,” I.C. § 18-8002A(4)(a)(ii).

The instant case involves the statutory interpretation of the term “failure of evidentiary testing” as used in I.C. § 18-8002A(4)(a). Bowman contends that the district court correctly determined that the term refers to the date on which his blood was drawn for laboratory testing. The Department contends, however, that the term refers to the date on which the Department either received the test results from the laboratory or issued its notice of suspension. The interpretation of a statute is an issue of law over which we exercise free review. Corder v. Idaho Farmway, Inc., 133 Idaho 353, 358, 986 P.2d 1019, 1024 (Ct.App.1999). When interpreting a statute, we will construe the statute as a whole to give effect to the legislative intent. George W. Watkins Fami[846]*846ly v.. Messenger, 118 Idaho 537, 539-40, 797 P.2d 1385, 1387-88 (1990); Corder, 133 Idaho at 358, 986 P.2d at 1024. The plain meaning of a statute mil prevail unless clearly expressed legislative intent is contrary or unless plain meaning leads to absurd results. George W. Watkins Family, 118 Idaho at 540, 797 P.2d at 1388; Corder, 133 Idaho at 358, 986 P.2d at 1024.

Idaho Code Section 18-8002A(l)(e) defines the term “evidentiary testing” as “a procedure or test or series of procedures or tests utilized to determine the concentration of alcohol or the presence of drugs or other intoxicating substances in a person.” In the case of a blood analysis, a series of procedures are required to determine the concentration of alcohol in a person’s blood. Although the blood analysis began with the drawing of a blood sample, it was not complete until the laboratory had determined the concentration of alcohol in Bowman’s blood and the results had been delivered to the Department.2

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Bluebook (online)
25 P.3d 866, 135 Idaho 843, 2001 Ida. App. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowman-v-idaho-transportation-department-idahoctapp-2001.