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Idaho court affirms throwing blood draw test

Idaho court affirms throwing blood draw test
Posted at 3:58 PM, Apr 26, 2016
and last updated 2016-04-26 17:58:36-04

 BOISE, Idaho (AP) -- The Idaho Supreme Court has affirmed a northern Idaho 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 ruled that Kyle Rios withdrew his implied consent to blood alcohol testing by refusing to sign a consent form.

Rios was 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.

The blood draw found that Rios had a blood alcohol content of 0.263 percent, three times the legal limit.

Rios has pleaded not guilty to vehicular manslaughter and leaving the scene of a fatal crash.

Court records note the Idaho Supreme Court decision in the case but no court dates have been set on the two felony charges.