Idaho DUI - 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.

DUI Breath Test Refusal
Idaho DUI Lawyers | BAC Test Refusal

Idaho BAC Breath Test Refusal 

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


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 - you can not drive at all for that full year. Considering that a first time DUI 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, this is a fair amount more severe.

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. 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.

*New As Of 2019

If you refuse the BAC test you will now be required to install an interlock device in your care for a year following the refusal.

Free Consultation

Each case is unique. The strength and weakness of your case will depend on the particular facts of your case. Contact us for a free consultation. We will answer any questions you have, and give you an honest assessment of your case.

Committed To Every Client

We are committed to providing every client with the respect and compassion they deserve; Every case will receive our full attention and passion. We work one-on-one with every client to make sure you get the best defense possible.

Schofield and Young
950 W. Bannock St., Suite 630
Boise, ID 83702
(208) 344-0128
Mon, Tue, Wed, Thu, Fri: 08:30am - 05:00pm