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Implied Consent Law in Idaho

Idaho has something called the implied consent law.  It means that if  a driver chooses to drive a car under the influence that they are giving  their consent for a police officer to give them a breathalyzer or other test to see if and how much alcohol is in their system at the time that they are pulled over. Yes, even if  the offender refuses they assume that they have consented to the test. Now, of course the police cannot force someone to take a breathalyzer.

If at the time of arrest the driver refuses to take a breathalyzer then they will be fined $250.00 and a hearing will be set in the next 7 days where the offender can explain their reasons for refusing the test at the time of the offense. At that hearing if the offender cannot give the court a satisfactory reason why they failed to comply then an automatic license suspension for one year. If this was the offenders second time refusing a breathalyzer then an automatic suspension of their license for 10 years will follow. However, if the offender is in a treatment program and can prove to the court that driving is necessary they can be granted limited driving privileges after 45 days of full suspension.


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