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Implied Consent

If you are pulled over for a suspected DUI, you must submit to a blood, breath or urine test as per the Idaho Implied Consent Law, 18-8002A.  The statute reads as follows:

If you refuse to submit to or if you fail to complete and pass evidentiary testing for alcohol or other intoxicating substances:

  • The peace officer will seize your driver's license and issue a notice of suspension and a temporary driving permit to you, but no peace officer will issue you a temporary  driving permit if your driver's license or permit has already been and is suspended or revoked. No peace officer shall issue a temporary driving permit to a driver of a commercial vehicle who refuses to submit to or fails to complete and pass an evidentiary test.
  • If you refused or failed to complete evidentiary testing and do not request a hearing before the court or do not prevail at the hearing, your driver's license will be suspended. The suspension will be for one year if this is your first refusal. The suspension will be for two (2) years if this is your second refusal within ten (10) years. You will not be able to obtain a temporary restricted license during that period.


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