What is implied consent?

 When pulled over for a traffic stop, one of the things a police officer will tell you is that you need to submit to field sobriety tests and some form of chemical testing, either a breathalyzer or a blood draw. As a result of you driving a vehicle on Idaho roads with an Idaho driver's license (or an out of state license), you have given your implied consent to submit to the testing requested by the police officer.

Idaho courts have stated that "any person who drives or is in actual physical control of a vehicle [has given their implied consent to] evidentiary testing for alcohol at the request of a peace officer with reasonable grounds for suspicion of DUI. Implied consent to evidentiary testing is not limited to a breathalyzer test, but may also include testing the suspect's blood or urine. The evidentiary test to be employed is of the officer's choosing." State v. Diaz, 144 Idaho 300, 160 P.3d 739 (Idaho 2007).


How does this affect you when you are pulled over for an Idaho DUI traffic stop? First, because you were driving, you have given your implied consent to be tested for DUI. This does not mean that they can force you to complete the evidentiary testing. You can respectfully and politely decline to do the testing. However, if you do decline, odds are they will require a forced blood draw, which has been held as valid by the Idaho Supreme Court. State v. Diaz, 144 Idaho 300, 160 P.3d 739 (Idaho 2007). Also, if you refuse to complete the testing the officer may cite you for a refusal, which could result in a one year suspension of your driver's license.

Another thing, you do not have the right to an attorney prior to taking the evidentiary tests.

So what is the best course of action? If you are confident you blood alcohol content is under the legal limit, take the tests. If you believe that you are under the influence, you can refuse the field sobriety tests and the breathalyzer, but if you do, you probably will be forced to give a blood sample. You will also be cited for a refusal which may result in a one-year suspension of your Idaho driver's license.


To develop a personalized DUI Defense Strategy contact Mark Petersen, a Pocatello Idaho DUI Lawyer with Snake River Law PLLC by email or by calling 208.406.9885. Mention "idahoduilawyer.blogspot" and get your DUI Defense Strategy session, a $400.00 value, for free.

Protecting your Driver's License

If you have been cited with an Idaho DUI, you were also likely served with either a failure or a refusal of the breathalyzer or blood test. It is essential that you challenge the failure or refusal of the breathalyzer or blood test if you want to protect your driver's license. If you do not challenge the failure or refusal, you will lose your driving privileges for at least 30 days.

If you failed the breathalyzer or blood test you have seven (7) days to file a hearing request with the Idaho Department of Transportation (IDOT). This hearing request must be filed with IDOT in Boise, Idaho. A hearing is then schedule over the phone for sometime before your temporary license expires in 30 days. It is essential to review all of the documents involved with the traffic stop that lead to your DUI citation. An experienced Idaho DUI Lawyer can assist you in collecting the information you need to challenge your failure of a breathalyzer or blood test.

If you refused the breathalyzer or blood test you have seven (7) days to file a hearing request with the Prosecuting Attorney in the county or city where you received the refusal citation. You will receive a hearing notice where you can go and discuss the case with the prosecuting attorney, and, if necessary proceed to a court trial on the refusal. An experienced Idaho DUI Lawyer can assist you in challenging your refusal of a breathalyzer or blood test.

Contact Mark Petersen, a Pocatello Idaho DUI Lawyer with Snake River Law PLLC for more information regarding representation if you have been cited with an Idaho DUI. Mark can be reached by email or by calling 208.406.9885

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

 

 

ALS Suspensions

Adminstrative License Suspensions (ALS) may have a significant impact on your driving privileges in Idaho. If you are facing an ALS in Idaho you should contact an Idaho DUI Defense lawyer to protect your driving privileges.

There are two types of ALS:

1. Failure of an evidentiary test

2. Refusal of an evidentiary test

Evidentiary Tests

Evidentiary tests usually are comprised of a breath alcohol sensor test called a Breathalyzer test. During a breathalyzer test, you are required to blow into a sensor that reads your breath to determine blood alcohol content. The police may also require you to submit to a forced blood draw where they will take blood samples for blood alcohol testing.

Failure of an Evidentiary Test

If you fail an evidentiary test (i.e. if you have a blood alcohol content of more than 0.08) then your driving license could be suspended for a period of 90 days if it is your first failure in the last 10 years. The first 30 days you will not be allowed to drive at all - the remaining 60 days you can get a temporary permit. To obtain a temporary permit you will have to pay the reinstatement fee and temporary permit fee (~$150.00). You will also have to have proof of SR-22 Insurance. You will also receive a temporary permit that is valid for 30 days, so your ALS Suspension will not begin until 30 days after you were cited for an Idaho DUI. If you have failed an evidentiary test and were cited for an Idaho DUI please contact Mark Petersen, a Pocatello Idaho DUI Lawyer.

Refusal of an Evidentiary Test

If you refuse to submit to an evidentiary test, your driver's license could be suspended for one year and you could be fined $250.00. The one year suspension is an absolute suspensions, meaning that you will not be allowed to drive at all - no temporary permits, no work permits, no driving privileges whatsoever. If you have refused an evidentiary test and were cited for an Idaho DUI please contact Mark Petersen, a Pocatello Idaho DUI Lawyer.

Challenging an Evidentiary Test (Breathalyzer or Blood Draw)

If you desire to challenge a failure of a Breathalyzer or Blood Draw, or if you want to challenge a refusal of an evidentiary test, YOU HAVE SEVEN (7) DAYS TO CHALLENGE THE ALS or you lose your right to challenge the ALS.

Contact Mark Petersen, a Pocatello Idaho DUI Lawyer  for more information regarding ALS if you have been cited with an Idaho DUI.

What Should You do If Stopped for DUI in Idaho?

If you are stopped and detained for a DUI in Idaho, these are some things that you can do to better help your defense of any potential DUI charges:


1. Answering Questions. You do not have to answer any questions the police officers ask. You can politely decline to answer questions without an attorney. Why? The only answers that will be included in the police report will be answers that tend to show you were driving under the influence.

2. Attitude and Cooperation. Always be courteous and cooperative with the police officers and politely decline to answer questions or participate in testing. Your attitude during the stop may affect your ability to get the charge dismissed or reduced.

3. Field Sobriety Tests. Decline to take the field sobriety tests (i.e. gaze nystagmus, walk & turn, one-leg stand) because you are not required to perform the tests and regardless of your condition the officers will probably conclude that you have failed the tests and find probable cause to request further testing.

4. Evidentiary Testing. Agree to take the evidentiary breath test, if your are confident you are under .08 blood alcohol content (BAC). Remember that any refusal of the handheld testing could result in a 1 year absolute suspension of your driving privileges. Also, any refusal of handheld testing could result in the police officer requiring a blood draw to determine your BAC.

5. Driver's License Suspensions - Request a Hearing. If you are cited for DUI and your license is suspended (this includes when your license is taken and a temporary permit issued) make sure you or your attorney requests a hearing before the Idaho Department of Transportation within 7 days to contest your suspension.

6. Personal Blood Test. If you have the resources, immediately upon release from police custody go to an available medical facility and ask for a blood test to determine your blood alcohol content, as these test generally are more accurate.

7.  Contact an Idaho DUI Attorney. Before seven (7) days have passed from being cited with a DUI, contact an Idaho DUI Attorney.  For charges in Pocatello, Blackfoot, American Falls, Soda Springs, Malad, Preston, Montpelier and the surrounding communities contact www.snakeriverlaw.com. For charges originating in other communities in Idaho contact the Idaho State Bar.