Breathalyzer – Field Sobriety Test

Refusing to Take the Test

Once you refuse to take a test, you face the penalties explained in the paragraph above. If it is your first refusal, your license will be suspended for one year. If it is your second refusal within ten years, then your license will be suspended for two years.

If you decide to request a hearing you only have 7 days, then it is up to you or your lawyer if you have a lawyer represent you to explain to the court why you refused the test. Unless you can prove either that the officer did not have probable cause to stop you and ask you to take a chemical test in the first place or that the officer violated your civil rights, the court will suspend your license right then and fine you.

The penalties for refusing to submit to a chemical test are found in Idaho Code 18-8002.

Get Help With Your DUI

If you have been arrested on a DUI charge in Idaho or any other state, get help from an experienced DUI attorney. Unlike other traffic related charges, which might be worth fighting without a lawyer, conviction for a DUI has serious consequences especially if the incident involved injury to people or property, or if it’s your second or subsequent DUI. To avoid or reduce the consequences, your best bet is to find an attorney who is knowledgeable about your state’s laws and about how the system works in your county’s court.