Idaho Judge Tosses Blood Draw in DUI Case
LEWISTON, Idaho (AP) — A northern Idaho judge has ruled that the blood alcohol content obtained after drawing blood from a man involved in a fatal crash isn't admissible because police didn't get a search warrant.
The Lewiston Tribune reports that a 2nd District judge also ruled Thursday that statements Kyle N. Rios made to police following the Dec. 1 crash in Lewiston are also inadmissible.
Rios is charged with vehicular manslaughter, leaving the scene of a fatal crash and drunk driving following the crash that killed Paul W. Stuk or Peck.
Judge Jeff M. Brudie says police had ample opportunity to obtain a search warrant before drawing blood without Rios' consent.
Testimony at a preliminary hearing reported Rios had a blood alcohol content of 0.263 percent, three times the legal limit.