Halen v. State

• Decision Date: 17 January 2002
• Docket Number: No. 27181.,27181.
• Citation: 136 Idaho 829,41 P.3d 257
• Parties: In the Matter of the Driver's License Suspension of Brian S. Halen. Brian S. HALEN, Petitioner-Appellant, v. STATE of Idaho, Respondent.
• Court: Idaho Supreme Court

41 P.3d 257

136 Idaho 829

In the Matter of the Driver's License Suspension of Brian S. Halen.

Brian S. HALEN, Petitioner-Appellant, v. STATE of Idaho, Respondent.

No. 27181.

Supreme Court of Idaho, Lewiston, October 2001 Term.

January 17, 2002.

Charles M. Stroschein, Lewiston, for appellant.

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise; for respondent.

ON REVIEW

KIDWELL, Justice.

Brian Halen (Halen) refused to submit to a police officer's request for a blood withdrawal to test the concentration of alcohol in his blood. At a hearing held pursuant to I.C. § 18-8002, Halen argued that his driver's license should not be suspended because his fear of needles was sufficient cause for refusing the blood withdrawal and because the law enforcement advisory form did not properly inform him of the consequences of a refusal. The magistrate court and the district court upheld the administrative suspension. The Court of Appeals affirmed. We affirm.

I. FACTS AND PROCEDURAL BACKGROUND

On October 28, 1998, Halen was stopped by a Lewiston police officer on suspicion of driving under the influence of alcohol or other substances. The officer read a standard law enforcement advisory form to Halen. The form was designed to provide the information required by I.C. §§ 18-8002 and 18-8002A when requesting a blood alcohol concentration test (BAC) from a person suspected of driving under the influence of alcohol.

Because Halen indicated that he was frequently exposed to solvents and paints through his employment, the officer requested that Halen submit to a blood withdrawal, rather than a breath test. In response to the officer's request for the blood withdrawal, Halen indicated that he would prefer a breath test because he did not like needles. The arresting officer and other officers who were present questioned Halen regarding this dislike, asking whether it was something that was going to cause him "some great psychological trauma" or was merely a preference. Halen indicated that he simply "preferred" to have a breath test rather than a blood withdrawal. While he expressed a general fear of needles, and generally referenced the risk of contracting AIDS, Halen also admitted that he had received shots in the past. In response, the officers who were present during the request explained to Halen that the blood sample would be taken in sanitary conditions by a doctor. Halen never indicated to the officers that he had any specific medical diagnosis related to needles or that a blood withdrawal would cause him any psychological trauma or physical harm. After these discussions, the officers allowed Halen to contact his attorney. Subsequently, the officers again asked him if he would submit to a blood withdrawal. Halen refused.

Halen was informed that his driver's license was being administratively suspended based upon his refusal to submit to a BAC. He requested a suspension hearing before a magistrate, in accordance with I.C. § 18-8002(4)(b), to show cause as to why he refused to submit to the BAC. He argued that his fear of needles constituted sufficient cause for his refusal. He also argued that his license should not be suspended, because he was misinformed by the advisory form that was read to him. Specifically, he argued that the form was misleading because it said that the administrative suspension for refusing a BAC was "separate from" any criminal license suspensions that might be imposed, when in reality the Idaho Code provides that the suspensions are to run concurrently.

The magistrate rejected Halen's arguments and upheld the civil suspension. The district court also upheld the suspension, and the Court of Appeals affirmed. Halen petitioned this Court for review.

II. STANDARD OF REVIEW

When considering a case on review from the Court of Appeals, this Court does not merely review the correctness of the decision of the Court of Appeals. Leavitt v. Swain, 133 Idaho 624, 627, 991 P.2d 349, 352 (1999). Rather, this Court acts as though it is hearing the matter on direct appeal from the decision of the trial court; however, this Court does give serious consideration to the decision of the Court of Appeals. Id.

A trial court's findings of fact that are based upon substantial and competent, although conflicting, evidence will not be disturbed on appeal, which is to say the findings of fact will not be set aside unless clearly erroneous. DeChambeau v. Estate of Smith, 132 Idaho 568, 571, 976 P.2d 922, 925 (1999). The credibility and weight to be given evidence is in the province of the trial court, and this Court liberally construes the trial court's findings of fact in favor of the judgment entered. Bouten Constr. Co. v. H.F. Magnuson Co., 133 Idaho 756, 760, 992 P.2d 751, 755 (1999). However, this Court exercises free review over legal questions presented by the construction and application of a statute. State v. Montgomery, 135 Idaho 348, 349-50, 17 P.3d 292, 293-94 (2001).

III. ANALYSIS

A. Halen's Proclaimed Fear Of Needles Was Not Sufficient Cause For His Refusal To Submit To A Blood Alcohol Concentration Test.

Under Idaho Code section 18-8002, any person who operates a motor vehicle in Idaho is deemed to have given consent to evidentiary testing for blood alcohol concentration when a law enforcement officer has reasonable grounds to believe that the person was driving under the influence of alcohol. That same section authorizes the suspension of the driver's license of a motorist who refuses to submit to a BAC.

A motorist whose license is suspended after a refusal may request a hearing before the court. I.C. § 18-8002(4)(b). The hearing is limited to the question of why the motorist refused the BAC, and the motorist has the burden of showing that his or her license should not be suspended, because "the peace officer did not have legal cause to stop and request him to take the test or . . . the request violated his civil rights." I.C. § 18-8002(4)(b).

This Court has made it clear that "the choice as to which type of evidentiary test for concentration of alcohol, drugs or other intoxicating substances will be requested rests with the police officer, not the defendant." In re Griffiths, 113 Idaho 364, 370, 744 P.2d 92, 98 (1987). The defendant's willingness to take another form of test generally does not negate the effect of his refusal to submit to the form of test requested by the officer. Id. However, Halen relies on Griffiths for the proposition that his fear of needles constitutes an exception to these rules and amounts to sufficient cause for his refusal to submit to the blood withdrawal. In Griffiths, this Court stated:

We hold that a fear of needles may establish sufficient cause for refusing to submit to a blood test requested pursuant to I.C. § 18-8002 if the fear is of such a magnitude that as a practical matter the defendant is psychologically unable to submit to the test, and if the fear is sufficiently articulated to the police officer at the time of refusal so that the officer is given an opportunity to request a different test.

Id. at 372, 744 P.2d at 100.

The rule of Griffiths is controlling, but its application to the facts of this case produces a different result than that urged by Halen. At the suspension hearing, Halen had the burden of demonstrating that he communicated to the officers a fear sufficient to satisfy the Griffiths test. The magistrate judge found the following regarding Halen's communications with the officers: 1) Halen indicated to the officers that he simply "preferred" to have a breath test rather than a blood withdrawal, 2) while he expressed a general fear of needles, and generally referenced the risk of contracting AIDS, Halen also admitted that he had received shots in the past, 3) he denied ever having seen a psychologist regarding his fear, and 4) he never identified any mental or medical condition that would be adversely affected by the administration of a blood withdrawal. These findings are supported by substantial and competent evidence in the record. These communications fail to articulate a psychological inability to submit to the test, as is contemplated by Griffiths. Consequently, the magistrate judge was correct in determining that Halen failed to show cause why his license should not be suspended.

B. The Officer Did Not Violate Halen's Civil Rights Or Exceed His Statutory Authority In Requesting A Blood Withdrawal As The Method Of Testing.

Halen argues that the officer's request was a violation of his civil rights and that his suspension should therefore be vacated. He argues that requiring a blood withdrawal without a warrant and absent exigent circumstances, when other less-intrusive methods like breath or urine tests are available, constitutes an unreasonable search and seizure in violation of the Fourth Amendment to the United States Constitution and Article I Section 17 of the Idaho Constitution.

The administration of a BAC is a search and seizure implicating the prohibitions against unreasonable searches and seizures found in the Fourth Amendment to the United States Constitution and Article I Section 17 of the Idaho Constitution. Schmerber v. California, 384 U.S. 757, 767, 86 S.Ct. 1826, 1834, 16 L.Ed.2d 908 (1966); State v. Woolery, 116 Idaho 368, 370, 775 P.2d 1210, 1212 (1989). Any warrantless search or seizure of a citizen is presumptively unreasonable unless it falls within certain specific and well-delineated exceptions. See Schmerber, 384 U.S. at 770, 86 S.Ct. at 1835; Woolery, 116 Idaho at 370, 775 P.2d at 1212. When a warrantless search or seizure is challenged by the defendant, the State bears the burden to show that a recognized exception to the warrant requirement is applicable. Id. Such an exception exists when the search or seizure is conducted with proper consent. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); State v. Varie, 135 Idaho 848, 852, 26...