Idaho AG appeals ruling throwing out blood draw test

LEWISTON, Idaho (KTVB) -- The Idaho Attorney General's Office is appealing a northern Idaho judge's decision to toss blood draw results in a fatal crash case because police failed to get a search warrant.

The Lewiston Tribune reports that the Attorney General's Office filed the appeal Friday in 2nd District Court on behalf of the Nez Perce County Prosecutor's Office.

The court decision prohibits Kyle N. Rios' blood alcohol content of 0.263 percent from being used at trial. That's three times the legal limit.

Rios is charged with vehicular manslaughter, leaving the scene of a fatal crash and drunk driving following the Dec. 1, 2013, crash that killed Paul W. Stuk of Peck.

After the crash, Rios refused to sign a waiver for the blood draw.