Being arrested for DUI is stressful enough. Many drivers are surprised to learn that refusing an evidentiary breath test can result in a separate driver's license suspension that is independent of the criminal DUI charge itself.
If you have been arrested for DUI in Boise, Meridian, Nampa, Caldwell, Eagle, Kuna, Star, Ada County, Canyon County, or elsewhere in Idaho, it is important to understand how Idaho's refusal suspension laws work and what options may be available.
Idaho's Implied Consent Law
Under Idaho law, any person who drives a motor vehicle on Idaho roads is generally considered to have given consent to evidentiary testing for alcohol concentration or the presence of drugs under certain circumstances.
This concept is commonly known as "implied consent."
When an officer has legal grounds to request evidentiary testing, a refusal can trigger administrative consequences that affect a person's driving privileges even before the criminal DUI case is resolved.
What Is a Refusal Suspension?
A refusal suspension is a driver's license suspension imposed because a driver allegedly refused to submit to evidentiary testing after being arrested for DUI.
The refusal suspension is separate from the criminal DUI case. For a first refusal in five years, the suspension is a mandatory one-year loss of driving privileges, with no restricted driving privileges granted whatsoever. Not for work. Not for doctor's appointments. Nothing. Following the one-year suspension, there is a one-year ignition interlock requirement. The suspension and the interlock requirement can occur even if you were not impaired in any way. The simple act of refusing the evidentiary test triggers the refusal suspension process.
This means a person can face:
- A criminal DUI prosecution; and
- A refusal-based driver's license suspension.
The outcome of one proceeding does not automatically determine the outcome of the other.
What Is an Evidentiary Breath Test?
Many people confuse roadside breath tests with evidentiary breath tests.
A roadside breath test is typically administered during the investigation phase of a DUI stop.
An evidentiary breath test is generally administered after arrest using approved testing equipment and procedures.
The evidentiary test is the test that is ordinarily used for purposes of Idaho's implied consent laws.
What Counts as a Refusal?
Many people assume a refusal occurs only when someone clearly says, "No."
In reality, refusal issues can be more complicated.
Examples that may be alleged as refusals include:
- Expressly refusing testing;
- Remaining silent after being requested to submit to testing;
- Failing to provide a sufficient breath sample;
- Repeatedly failing to follow testing instructions; or
- Engaging in conduct that prevents completion of the testing process.
Whether a person's conduct legally constitutes a refusal depends on the facts and circumstances of the case.
Can a Refusal Suspension Be Challenged?
Yes.
Idaho law provides a procedure for challenging a refusal suspension.
However, strict deadlines may apply.
Failing to act promptly can result in the loss of important rights.
Because deadlines can be short, it is often important to consult an attorney as soon as possible after receiving notice of a refusal suspension.
What Must Be Proven to Challenge a Refusal Suspension?
The specific legal standards applicable to a refusal suspension challenge depend on the circumstances of the case and current Idaho law.
In many cases, the issues may involve questions such as:
- Whether the officer properly requested evidentiary testing;
- Whether the defendant actually refused testing;
- Whether there was a valid legal reason for not completing testing;
- Whether the testing procedures were properly explained;
- Whether communication difficulties affected the interaction; or
- Whether medical or physical conditions prevented completion of testing.
Every case is different and must be evaluated on its own facts.
Medical Conditions and Alleged Refusals
In some cases, a driver may be physically unable to provide an adequate breath sample.
Medical conditions, respiratory issues, injuries, or other physical limitations can sometimes become important issues in refusal litigation.
The existence of a medical condition does not automatically mean a refusal suspension will be overturned. However, the facts surrounding the individual's ability to complete testing may be highly relevant.
What If Only One Breath Sample Was Obtained?
Occasionally, an officer may obtain one breath sample but be unable to obtain a second sample.
Whether a valid evidentiary test occurred, whether a refusal occurred, and whether Idaho law was satisfied may depend on the particular facts of the case.
These situations often require careful review of:
- Breath testing records;
- Officer reports;
- Body camera footage;
- Testing logs; and
- Applicable Idaho statutes and case law.
Does Winning the DUI Case Automatically Eliminate the Refusal Suspension?
No.
The criminal DUI case and the refusal suspension proceeding are generally separate matters.
Because they are separate proceedings, a favorable outcome in one case does not automatically control the outcome of the other.
Likewise, an unfavorable result in one proceeding does not necessarily determine the outcome of the other.
What Evidence Should Be Reviewed?
When evaluating a refusal suspension, it is often important to review:
- Police reports;
- Body camera footage;
- Dash camera footage;
- Breath testing records;
- Dispatch records;
- Witness statements;
- Medical records when appropriate; and
- Any notices or forms provided by law enforcement.
In many cases, the body camera footage becomes one of the most important pieces of evidence because it may show exactly what was said and how the interaction occurred.
Common Misconceptions About Refusal Cases
"I said I would take the test, so I cannot be accused of refusing."
Not necessarily. In some situations, law enforcement may allege that a person's actions amounted to a refusal even if the person verbally expressed a willingness to test.
"A refusal suspension is part of the DUI case."
Not exactly. The refusal suspension and the criminal DUI case are generally separate proceedings.
"There is no point in challenging a refusal suspension."
Every case is different. The facts, evidence, and applicable law should be reviewed before conclusions are reached.
Boise Idaho Refusal Suspension Attorney
If you are facing a refusal suspension following a DUI arrest in Boise, Meridian, Eagle, Kuna, Star, Nampa, Caldwell, Ada County, Canyon County, or elsewhere in Idaho, it is important to understand both the potential consequences and the available procedures for challenging the suspension.
Refusal suspension cases often involve detailed questions regarding testing procedures, body camera footage, breath testing records, medical issues, and Idaho implied consent law.
Attorney Cody Long represents individuals facing DUI charges, driver's license suspension issues, excessive DUI allegations, felony DUI charges, and related criminal matters throughout Southwest Idaho.
For information about your specific situation, contact Long Law Office at (208) 287-3303 to discuss your case.