specially concurring.
Although I continue to adhere to the views expressed in my dissent as a Court of Appeals judge in State v. Smith, 121 Idaho 20, 24, 822 P.2d 539, 543 (Ct.App.1991), the record in this case does not permit the facts of Lynch’s conduct to be divided into separate, distinct events for purposes of the State ¶. Sterley temporal analysis. Sterley, 112 Idaho 1097, 1099, 739 P.2d 396, 398 (1987). Here, the driving conduct which was the basis of the infraction citation was swerving in the 900 block of Airway Road. The specific charge under I.C. § 18-8004 was “operating a motor vehicle while under the influence of intoxicating beverages or of drugs.” The police report contained in the record indicated that the operation of the motor vehicle which was the basis of the DUI charge was the swerving in the 900 block of Airway Road. Unlike the facts in Smith, the charges did not specifically reference separate acts of driving at different locations. Thus, I concur in the Court’s opinion that in this case, the infraction and the DUI charge are based upon one continuous and indivisible act, and therefore the protection of I.C. § 18-301 should be afforded to Lynch.