Idaho’s Implied Consent Law and Refusing Alcohol Testing

Idaho law requires drivers lawfully arrested for a DUI to agree to a blood, breath, or urine test.

When investigating someone for driving under the influence (DUI) it's common for an officer to ask the person to take a breath, blood, or urine test to determine the amount of alcohol or drugs in the driver's system. The driver's blood alcohol concentration (BAC) or the concentration of drugs in the driver's blood is often used to prove a DUI in court.

This article gives an overview of Idaho's implied consent law and the consequences of an unlawful refusal.

Implied Consent Requirements

Idaho's implied consent law specifies that any person who holds an Idaho driver's license or operates a vehicle within the state is deemed to have consented to a blood, breath, or urine test. For a DUI arrest to be lawful, the officer must have probable cause to believe that the driver was driving or in actual physical control of a vehicle while under the influence of alcohol or drugs or that an underage driver was operating a vehicle after consuming alcohol.

Consequences of Refusal

The consequences of a refusal generally depend on how many prior offenses the driver has that occurred within the past ten years.

First offense. For a first refusal, the driver is generally facing a $250 civil penalty, a one-year license revocation, and a one-year ignition interlock device (IID) requirement.

Second offense. For a second refusal within ten years, the driver is looking at $250 civil penalties, a two-year license revocation, and a one-year IID requirement.

Depending on the circumstances, a driver might be able to obtain limited driving privileges by installing an ignition interlock device.

Contesting the Suspension

Drivers who wish to contest their refusal-related suspension can request an administrative hearing.

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