Thursday, January 7, 2010

What is a Refusal?

When a driver is arrested on suspicion of an Idaho DUI, he or she must provide a sample of their blood or breath for testing for alcohol content under Idaho Implied Consent Law. A driver found to have refused consent can face stiff consequences from the Idaho DMV, a one-year suspension of his or her driver's license and a $250.00 fine.
 
So what is a refusal? Idaho DUI Laws indicate that a refusal can be anything other than agreeing to perform  the test(s). Typically, two kinds of refusals exist in Idaho: Express refusals (the person saying no to the test) and implied refusals (where the police officer says a refusal occurred but the individual did not expressly refuse). An experienced Idaho DUI Lawyer can assist you in evaluating your case to determine whether you have any defenses against your refusal.

A person arrested for an Idaho DUI does not have the right to consult with an attorney before deciding whether to submit to the chemical test. However, if someone is charged with DUI, and they aren't properly told of the consequences of refusal, namely, that their driver's license will be suspended or revoked, or if the officer fails to advise the individual of the Idaho Implied Consent Law, the person will have a defense against the refusal.

If you have been cited for refusing a breathalyzer or blood test you must file a challenge to the refusal within seven (7) days from the date you were given the refusal.
 
Contact Mark Petersen, a Pocatello Idaho DUI Lawyer  for more information regarding representation if you have been cited with an Idaho DUI. Snake River Law PLLC offers reasonable flat rates and does not bill by the hour. Mark can be reached by email or by calling 208.406.9885