Idaho DUI FAQ
Idaho DUI Frequently Asked Questions
The blood test is complicated. Beware, some jurisdictions will take you to the hospital and force you to undergo a blood test if you refuse a breath test. The Idaho Supreme Court has ruled that this draconian forced blood draw is legal, so beware! Other jurisdictions just treat a decline of a blood test as a normal refusal. If you are in an accident and someone has been seriously hurt or killed, you will be taken to the hospital and forced to give a blood test.
Whether you take one of these breath / blood tests or not, you have a right to a hearing with the DMV (Department of Motor Vehicles) to determine if your license will be taken away. But whatever you do, don’t go near alcohol and a car at the same time again! The penalties for repeat or multiple offenses can get serious fast.
2. If you took the DUI blood or breath test and were .08 or more: 90 DAYS to 6 MONTHS for a first offense.
This temporary license is valid for only 30 days and you must have it on your person to drive.
- Whether the officer had a valid legal reason to stop your vehicle.
- Whether the officer had a valid legal reason to arrest you for DUI.
- Whether the blood or breath test result is reliable enough to suspend your driver’s license.
- Whether you were fully advised of the law, by the officer, before you took the breath/blood test.
In cases where you refused to take the blood or breath test:
- Whether you were fully advised of the law, by the officer, before you refused to take the breath / blood test.
- Whether the officer had legal cause to stop your vehicle.
- Whether the officer had legal cause to believe you were operating a vehicle while under the influence of alcohol or drugs.