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.

By , Attorney · University of San Francisco School of Law

When conducting a driving under the influence (DUI) investigation, it's common for an officer to ask the driver to take a breath, blood, or urine test. The results of these tests—which show the amount of drugs or alcohol in the driver's system—are used by prosecutors to prove DUI charges at trial.

This article gives an overview of Idaho's implied consent law, including when drivers must agree to take an alcohol or a drug test, and the consequences of an unlawful test refusal.

Idaho's Implied Consent Requirements, Breathalyzers, Blood, and Urine Tests

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 Refusing a Breathalyzer or Other DUI Testing in Idaho

The consequences of a refusal generally depend on how many prior offenses the driver has that occurred within the past ten years. Implied consent suspensions are imposed by the Department of Transportation and are often called "Administrative License Suspensions" or "ALS" for short.

Penalties for a 1st Implied Consent Violation in Idaho

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

Penalties for a 2nd Implied Consent Violation in Idaho

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.

Getting Limited Driving Privileges in Idaho Following an Implied Consent Suspension

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

Contesting a DUI Implied Consent Suspension in Idaho

Drivers who wish to contest their refusal-related suspension can request an administrative hearing. The driver must make this request within seven days of the arrest. At the hearing, the driver can contest the legalities of the suspension.

Talk to an Idaho DUI Attorney

If you've been arrested for driving under the influence in Idaho, you should talk to a qualified DUI lawyer. An experienced DUI attorney can review your case and advise you on the best course of action.

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