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.
