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 - 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.

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