DUI and Implied Consent
Explaining Your Rights. Defending Your Rights.
Many myths and much information abound regarding people's rights during the DUI arrest process and after. Common questions and areas of confusion include:
- Do I have to submit to a sobriety/roadside test?
- Was my forced blood draw really legal, like the police officer said?
- Can police legally test my blood if I'm not even conscious?
- Is there ever a legal excuse for declining a field sobriety test?
Before you decide whether to contest your charges, and before you devise a DUI defense strategy, it's important to understand your rights, which often center on Idaho's implied consent laws.
Implied Consent Laws in Idaho
Many Idaho citizens are surprised to learn that they consent to field sobriety test in writing when they apply for or renew their drivers' license. Because of this, the state has the power to take your license away for a year if you refuse a test.
Even if you refused a sobriety test you may be able to contest the results. How?
- Physical limitations can constitute a reasonable limitation to taking the test
- Diabetic attacks and other ailments can reasonably prevent people from taking the test
- Injuries sustained in a driving accident can be considered a reasonable reason to decline the test
If you are unable to take a sobriety test, police officers may label your inability a "refusal". If you wish to contest charges that you refused a Breathalyzer test or other test, contact us to discuss your possible case.
We can talk to paramedics, medical care providers and other experts, and witnesses in our investigation of your case. As experienced Boise criminal defense attorneys, we have handled hundreds of DUI cases and can provide the aggressive and knowledgeable help you need when contesting and questioning charges. For a no-charge consultation, contact our firm.
Contact Us
If you need implied consent legal help in Boise, contact Miller & Harr, PLLC. We speak English and Spanish, offer free initial consultations, are available for evening and weekend appointments, and are conveniently located on The Grove in downtown Boise in the US Bank Building. To contact a lawyer, call 888-562-0049 or 208-473-2586.
