Refusal Of BAC Testing

If an officer determined that you refused to take a test, you can challenge this determination if you did not actually intended to refuse.

According to Idaho law, you have the right to refuse the breathalyzer. Their are penalties and risks associated with a refusal but it is your right. Many people refuse believing that this will make it impossible for them to be convicted of a DUI, unfortunately this is not true. See: Should I Refuse The Breathalyzer?

Even if you refuse the breathalyzer you can still be convicted of DUI. 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, can get a warrant to draw your blood. This means that the police may still receive the exact evidence you were trying to prevent them from obtaining. On top of this, you will still be subject to the penalties associated with a refusal on top of the potential penalties for a DUI.

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The information on this website is for general information purposes only. Every case is different, nothing on this site should be taken as legal advice for any specific case. Viewing the information contained on this site does not constitute an attorney-client relationship.