Refusing The BAC Test

Some people mistakenly think that refusing to submit to a breathalyzer test will make it more difficult for the state of Idaho to prove that they were driving under the influence.

See my full blog article on why this is not always the case!

TO SUM IT UP:

The first problem with a refusal is the automatic drivers license suspension – your license will be suspended by the Department of Motor Vehicles for one full year. This suspension is absolute, meaning no privileges will be provided for driving to and from work, school, or medical appointments; you will not be allowed to drive at all for that full year. This is quite a large punishment considering that a first time offender who blows over a .08 would only have their license suspended for a minimum of 90 days and only 30 of those days would be absolute. After the first 30 days most drivers can apply for a restricted license to get to work, school, and medical appointments.

The second problem is the belief some Idaho drivers have that refusing the breathalyzer will make it more difficult for the State to prove driving under the influence. Wrong. With Idaho's “implied consent” law you may actual make it easier. In most cases, even if you have already refused a breathalyzer test, a police officer, with probable cause to believe you have been operating a motor vehicle under the influence, may be able to forcibly take and test your blood to determine your BAC (having your blood drawn against your will is not a happy process). In the end the police may still receive the exact evidence you were trying to prevent them from obtaining.

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