State v. Ankney

704 P.2d 333, 109 Idaho 1, 1985 Ida. LEXIS 518
CourtIdaho Supreme Court
DecidedJuly 15, 1985
Docket15551
StatusPublished
Cited by50 cases

This text of 704 P.2d 333 (State v. Ankney) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ankney, 704 P.2d 333, 109 Idaho 1, 1985 Ida. LEXIS 518 (Idaho 1985).

Opinions

BAKES, Justice.

Douglas Ankney appeals from a district court order affirming the suspension of his driver’s license. Ankney’s driver’s license was suspended after he refused to take the alcohol concentration test required by I.C. § 49-352.1 The version of I.C. § 49-352 at issue here was repealed in 1984.

[3]*3On October 15, 1983, a Lewiston police officer stopped a Datsun pickup truck driven by Ankney. The officer stopped the pickup truck after observing the truck drifting from side to side, crossing the yellow line several times and, after clocking the pickup truck at 36 m.p.h. in a 25 m.p.h. zone.

The officer testified that following the stop, Ankney had some difficulty producing his driver’s license; that his speech was slurred; that he talked in a low, shallow voice; and that his eyes were bloodshot. The officer also detected the odor of alcohol on Ankney’s breath. After Ankney failed to do well on the field sobriety test, he was placed under arrest for operating a motor vehicle while under the influence of alcohol.

After being taken to the Lewiston police station, Ankney was read the I.C. § 49-352 advisory form. Ankney then refused to submit to the evidentiary test for alcohol concentration. Because of his refusal, his driver’s license was seized pursuant to I.C. § 49-352. Ankney was also charged with violation of I.C. § 49-1102, driving while under the influence.

On October 17,1983, an order was issued suspending Ankney’s driving privileges for 120 days. Ankney then requested a hearing enabling him to show cause why he did not take the evidentiary test for alcohol concentration. Following a hearing on November 10, 1983, a magistrate determined that Ankney’s driver’s license was properly suspended. At this hearing Ankney testified that he did not take the test because he did not understand the form that was read to him and because he did not know whether he had a constitutional right to refuse the evidentiary test for alcohol concentration. Ankney then appealed to the district court. In an opinion dated May 10, 1984, the district court affirmed the magistrate’s decision. This appeal followed. The suspension of Ankney’s driver’s license has been stayed pending this appeal.

Ankney first contends that I.C. § 49-352 fails to meet the due process requirements of both the Idaho and United States Constitutions. He argues that the statute’s provisions which enabled a police officer to seize a person’s driver’s license prior to a hearing resulted in deprivation of property without due process of law, in violation of the fourteenth amendment of the United States Constitution2 and Idaho Constitution, Art. 1, § 13.3 We disagree.

Because the suspension of issued driver’s licenses involves state action that adjudicates important interests of the licensees, drivers’ licenses may not be taken away without procedural due process. Dixon v. Love, 431 U.S. 105, 97 S.Ct. 1723, [4]*452 L.Ed.2d 172 (1977); Bell v. Burson, 402 U.S. 535, 91 S.Ct. 1586, 29 L.Ed.2d 90 (1971). The United States Supreme Court has held:

“[identification of the specific dictates of due process generally requires consideration of three distinct factors: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.” Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed.2d 18 (1976).

Thus, these three factors must be considered in determining whether I.C. § 49-352 results in a deprivation of due process pursuant to the fourteenth amendment of the United States Constitution. Since this Court has previously held that “[t]he due process guarantees derived from both the United States Constitution and the Idaho Constitution are substantially the same,” Rudd v. Rudd, 105 Idaho 112, 115, 666 P.2d 639, 642 (1983), consideration of these same three factors is necessary to satisfy the due process requirements of the Idaho Constitution.

The first step in the balancing process mandated by Eldridge requires identification of the nature and weight of the private interest affected. It is well recognized that an individual’s interest in his driver’s license is substantial. See Mackey v. Montrym, 443 U.S. 1, 11, 99 S.Ct. 2612, 2617, 61 L.Ed.2d 321 (1979); Dixon v. Love, 431 U.S. 105, 112, 97 S.Ct. 1723, 1727-28, 52 L.Ed.2d 172 (1977). However, the United States Supreme Court has determined that an individual’s interest in his driver’s license is not so substantial as to require a pre-suspension hearing. Dixon v. Love, supra.4

Secondly, the likelihood of an erroneous deprivation of the private interest must be considered. The United States Supreme Court has stated:

“[W]hen prompt postdeprivation review is available for correction of administrative error, we have.generally required no more than that the predeprivation procedures used be designed to provide a reasonably reliable basis for concluding that the facts justifying the official action are as a responsible governmental official warrants them to be. ...
“As was the case in Love, the predicates for a driver’s suspension under the Massachusetts scheme are objective facts either within the personal knowledge of an impartial government official or readily ascertainable by him. Cause arises for license suspension if the driver has been arrested for driving while under the influence of an intoxicant, probable cause exists for arrest, and the driver refuses to take a breath-analysis test. The facts of the arrest and the driver’s refusal will inevitably be within the personal knowledge of the reporting officer____ At the very least, the arresting officer ordinarily will have provided the driver with an informal opportunity to tell his side of the story and ... will have had the opportunity to observe the driver's condition and behavior before effecting any arrest.” Mackey v. Montrym, 443 U.S. 1, 13-14, 99 S.Ct. 2612, 2618-19, 61 L.Ed.2d 321 (1979) (citations omitted).

The third aspect to consider is the government’s interest. As acknowledged by the Supreme Court, “the interest of the states in depriving the drunk driver of permission to continue operating an automobile is particularly strong.” Illinois v. Batchelder, 463 U.S. 1112, 103 S.Ct. 3513, 3516, 77 L.Ed.2d 1267 (1983). In consider[5]*5ing the strong state interest, the Court has noted:

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Bluebook (online)
704 P.2d 333, 109 Idaho 1, 1985 Ida. LEXIS 518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ankney-idaho-1985.