Idaho court affirms ruling throwing out blood-draw test in fatal crash case
BOISE – The Idaho Supreme Court has affirmed a judge’s decision to toss out blood-draw test results in a fatal crash case because police failed to get a search warrant.
The court, in a decision released Tuesday with statewide ramifications, ruled that Kyle Rios, despite otherwise cooperating, withdrew his implied consent to blood-alcohol testing by refusing to sign a consent form.
The blood draw found that Rios had a blood alcohol content of 0.263 percent, more than three times the legal limit.
Rios faces charges of vehicular manslaughter, leaving the scene of a fatal crash and drunken driving following the Dec. 1, 2013, crash that killed Paul W. Stuk, of Peck.