Idaho’s controversial DUI law say that a suspect can refuse to submit to a drunk driving test when ask to do so by a law enforcement official. However, those that do not submit to testing automatically lose their license. A suspect can file a request for a hearing and get a temporary permit to drive after this but this permit only last for a limited time.
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If a suspect is convicted after refusing to submit to testing an extra six months will be added to the convict person’s sentence. If the refusal is repeated within a 60-month period, the suspect’s license will be suspended for 12 month and no restricted privileges are allowed.
The above procedure is a component of the states Implied Consent DUI Law. The definition of this is that by driving in Idaho, everyone has consented to giving a sample of blood or breath to a law enforcement official if the officer asks for it while the officer suspects that someone is under the influence of a substance.
There is also a $250 fine for those that do not submit to testing. This is added to the loss of license. The lost of license stands until the person appears at a hearing. At this hearing a driver must prove that they were not impaired when they were ask to take the test. If they cannot prove this, their license will be lost for 12 months.
The state of Idaho’s blood alcohol level law sets a .08% limit on the amount of alcohol in a driver’s blood system. For those below 21 years of age no amount of alcohol is permissible in the blood system while driving in the state. The controversial component to the law for those under 21 is; if the amount in the blood system is measure for over .20% then additional penalties apply. A court can increase;
The complexity and penalties in Idaho’s controversial DUI laws are so great, that it is imperative that a person retains the services of an experienced and competent Idaho Drunk Driving Lawyer. Anything less and someone is just asking for trouble. If you or someone know is in this situation in Idaho take this advice and good luck you are going to need it.