State v. Robinett

106 P.3d 436, 141 Idaho 110, 2005 Ida. LEXIS 14
CourtIdaho Supreme Court
DecidedJanuary 28, 2005
Docket30842
StatusPublished
Cited by39 cases

This text of 106 P.3d 436 (State v. Robinett) 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. Robinett, 106 P.3d 436, 141 Idaho 110, 2005 Ida. LEXIS 14 (Idaho 2005).

Opinions

TROUT, Justice.

This is an appeal from a jury verdict convicting Richard Robinett (Robinett) of aggravated driving under the influence (DUI) and vehicular manslaughter.

I. FACTUAL AND PROCEDURAL BACKGROUND

On May 11, 2001, Robinett, his daughter Patricia Robinett (Patricia), and his brother-in-law Russell Lawrence (Lawrence), were drinking at a bar in Lewiston. At 2:25 a.m., they left in Robinett’s car with Robinett driving, Patricia in the front passenger seat and Lawrence in the back seat. At a curve in the road, the car went off the road and collided with several trees. Police were notified at approximately 3:00 a.m. and at the scene they found Robinett outside the vehicle. Patricia was trapped inside the car and Lawrence was found dead, lying across the front passenger seat. Robinett’s blood was drawn for a blood alcohol content (BAC) test approximately two hours after the accident and a second blood test was drawn about one-half hour later. The result of the first test was between .135 and .165 and the result of the second test was .12.

The State charged Robinett with aggravated DUI and vehicular manslaughter and elected to prosecute the DUI solely on the basis that Robinett was driving impaired and not as a per se violation of the statute based on the BAC results. Robinett’s defense was that he was not intoxicated at the time of the accident and that, even if intoxicated, his driving was not the cause of the accident. Robinett presented evidence that Lawrence became angry with Robinett, reached forward from the back seat and grabbed Robinett, causing him to lose control of the vehicle.

At trial, the district judge denied Robinett’s motion in limine to exclude evidence of the two BAC test results but granted Robinett’s motion to exclude evidence regarding the per se alcohol concentration standard of .08. Robinett was convicted of both charges and he appealed. The appeal was assigned to the Court of Appeals which remanded the case for a new trial. The State petitioned for review and this Court granted the petition.

II. STANDARD OF REVIEW

When considering a ease on review from the Court of Appeals, this Court gives serious consideration to the views of the [112]*112Court of Appeals; however, this Court reviews the trial court’s decisions directly and acts as though it is hearing the matter on direct appeal from the decision of the trial court. State v. Statton, 136 Idaho 135, 136, 30 P.3d 290, 291 (2001); Leavitt v. Swain, 133 Idaho 624, 627, 991 P.2d 349, 352 (1999). The trial court has broad discretion in the admission and exclusion of evidence and its decision to admit evidence will be reversed only when there has been a clear abuse of that discretion. State v. Howard, 135 Idaho 727, 731, 24 P.3d 44, 48 (2001). On the question of whether evidence is relevant, this Court reviews the trial court’s ruling de novo. State v. Raudebaugh, 124 Idaho 758, 764, 864 P.2d 596, 602 (1993).

III. ANALYSIS

A. Admission of BAC test results

The offense of driving under the influence is codified in I.C. § 18-8004(l)(a) which provides:

It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.08, as defined in subsection (4) of this section, or more, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.

This section has been interpreted as establishing one crime with two ways of proving a violation. State v. Garrett, 119 Idaho 878, 881-82, 811 P.2d 488, 491-92 (1991)(citing State v. Knoll, 110 Idaho 678, 718 P.2d 589 (Ct.App.1986)). As the Court of Appeals has indicated, the first way to prove a violation is to show under the totality of the evidence that the defendant was driving under the influence. The second way to prove a violation is to establish the defendant drove with an alcohol concentration of 0.08 percent or more. The State may elect to proceed against the defendant under either or both theories of proof. Evidence that is relevant under one theory of proof is not necessarily relevant under the other. State v. Edmondson, 125 Idaho 132, 133, 867 P.2d 1006, 1007 (Ct.App.1994); State v. Andrus, 118 Idaho 711, 713, 800 P.2d 107, 109 (Ct.App.1990); State v. Knoll, 110 Idaho 678, 682, 718 P.2d 589, 593 (Ct.App.1986).

Robinett argues the numerical BAC test results should not have been admitted because the State elected to prosecute solely under a driving under the influence theory. This Court has never decided whether a numerical BAC test result can be admitted where a defendant’s BAC level is actually tested but the defendant is prosecuted solely under an impairment theory. The Court of Appeals has stated the impairment method of proof considers the totality of the evidence, meaning “circumstantial evidence of impaired driving ability or other observable symptoms of intoxication.” State v. Barker, 123 Idaho 162, 163, 845 P.2d 580, 581 (Ct.App.1992)(quoting State v. Knoll, 110 Idaho 678, 682, 718 P.2d 589, 593 (Ct.App.1986)). We hold today that a numerical BAC test result is relevant to a prosecution for driving under the influence (as opposed to a per se violation) only if a proper foundation is laid to, assure the validity of the test result, including evidence extrapolating the result back to the time of the alleged offense. .

This case is distinguishable from State v. Sutliff, 97 Idaho 523, 547 P.2d 1128 (1976), where we held BAC test results need not be related back to the time of the offense as a foundational prerequisite to admissibility. In Sutliff the defendant was charged with driving under the influence after he was involved in an accident which killed another person. Breath and blood samples were taken from the defendant fifty to sixty minutes after the accident. The defendant was prosecuted under a statute that provided certain presumptions depending on the percentage of alcohol in the body. We held “the statute does not require extrapolation back but establishes that the percentage of blood alcohol as shown by chemical analysis relates back to the time of the alleged offense for purposes of applying the statutory presumption.” Sutliff, 97 Idaho at 525, 547 P.2d at 1130. Although the statute in Sutliff

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Cite This Page — Counsel Stack

Bluebook (online)
106 P.3d 436, 141 Idaho 110, 2005 Ida. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robinett-idaho-2005.