Idaho Implied Consent Laws
Like all other states, Idaho enforces an Implied Consent Law when it comes to Driving Under the Influence (DUI) testing, meaning that by choosing to operate a vehicle, all drivers have automatically agreed to chemical testing to check for intoxication. Intoxication (or a Blood Alcohol Content over .08) is determined by testing one of three things: blood, breath, or urine.
If you are pulled over and suspected of drunk driving, the officer will ask you to take a chemical test. The officer can only administer the test if the driver agrees, although a refusal is not always a good option. A breath test can be performed anywhere, and is used for the majority of roadside testing, while blood and urine testing can only be conducted at detention or medical facilities. The results of these tests can have an impact on whether a driver is ultimately convicted or not.
Blood Alcohol Test Refusal
If a police officer has probable cause to ask you to take a test, you can technically decline despite the Implied Consent Law, but there will be consequences. In Idaho, if you choose not to take the test, you automatically have to pay a $250 fine and your license will be confiscated on the spot. If you are convicted later down the road, the refusal will result in a guaranteed one-year license suspension sentence. You do not have the right to talk to an attorney upon being asked to take an intoxication test.
You do, however, have the right to request an Administrative License Suspension hearing to defend your decision to not take the test and temporarily get your license back, but you must do so within seven days from the arrest. If you plan on requesting a hearing, it’s critical that you speak with an experienced DUI attorney first.
It’s also important to note that if you refuse to take the test but are still found guilty based on other evidence, your sentence will most likely be tougher.
If you are asked to take a DUI test on multiple occasions and refuse, each time you risk increased penalties. Those who refuse a second and third time are likely to be given a two-year license suspension term. The $250 fine remains the same.