Evidentiary Test Refusal

Evidentiary Test Refusal in Boise

Act Within Seven Days to Protect Your Options

Idaho treats refusing or failing to complete alcohol or drug concentration testing as an evidentiary test refusal. Idaho Legal Justice defends Boise drivers facing both the refusal consequences and the underlying DUI allegation, two separate matters that require careful attention.

Under Idaho Code § 18-8002, anyone who drives in Idaho is deemed to have consented to an evidentiary breath, blood, or urine test when the legal requirements for testing are met. The statute doesn’t provide a right to consult an attorney before deciding whether to submit. After an officer serves a Notice of Suspension for refusal, the driver has seven calendar days to request a hearing before the suspension becomes final.

Don’t let the seven-day deadline pass without understanding your options. Call (208) 540-8310 to discuss your evidentiary test refusal and related DUI allegation.

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Don't Face the Criminal Justice System Alone

Facing a DUI charge is a daunting experience, but you don't have to face it alone. Our firm provides compassionate representation, guiding you through the legal process with care and compassion. Call (208) 540-8310 to connect with our dedicated legal team today.

Penalties for Refusing an Evidentiary Test in Boise

An evidentiary test refusal carries a $250 civil penalty in addition to the potential loss of driving privileges. These are refusal consequences, not the sentence for a DUI conviction. The suspension is absolute, so the driver doesn’t receive restricted driving privileges during the stated period.

The suspension length depends on prior refusals:

First refusal: A one-year absolute suspension applies if the driver doesn’t request a hearing or prevail at the hearing.
Second refusal within 10 years: A two-year absolute suspension applies if the driver doesn’t request a hearing or prevail.

A person subject to refusal penalties must also install a state-approved ignition interlock system at personal expense. The device requires a breath sample before the vehicle can start, and the requirement continues for one year after the suspension period ends.

How Refusal Differs from Roadside & Failed Tests

Field sobriety tests are generally not mandatory in Idaho, though courts have held a lawfully detained driver has no constitutional right to refuse an officer’s order to perform them, while evidentiary testing is governed by the state’s implied consent law. Declining roadside exercises therefore isn’t the same as refusing an evidentiary breath, blood, or urine test requested under Idaho Code § 18-8002.

A failed evidentiary test also carries different license consequences. A first test result of 0.08% or higher triggers a separate 90-day administrative license suspension based on the test result rather than a criminal conviction. The first 30 days are absolute, after which a restricted permit may be available.

Refusal doesn’t prevent the state from pursuing a DUI charge. Prosecutors may rely on an officer’s observations, available field sobriety test results, or a blood sample obtained through a warrant. The refusal itself may also be introduced as evidence at trial, and a warrant may authorize a forced blood draw despite the earlier refusal.

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What Our Clients are Saying

Reviews & Testimonials

Experience with Boise Evidentiary Test Refusal Cases

We’re Idaho’s largest DUI law firm, and our attorneys focus solely on DUI defense. We’ve handled more than 1,000 DUI cases in Boise, including criminal allegations and license consequences following an evidentiary test refusal.

Our DUI representation includes:

This focused practice allows us to evaluate refusal evidence within the full context of the DUI investigation rather than treating the suspension issue in isolation.

"10/10 recommend!"
Sam was beyond thoughtful and extremely helpful with my first and only DUI. He brought ease to the high stress situation from the first phone call. He got me a great deal and was worth every penny. 10/10 recommend!

- Chris A.
"Sam and his team are amazing!"
Sam and his team are amazing! My DUI charge got completely dropped and he walked me through every step.

- Brian L.
"I’m very grateful he was there to represent me."
Sam is a very kind and professional man! Himself and the team made sure I was prepared and comfortable throughout my whole process.

- Aerin G.
"Thank you guys for the save!"
Sam and the team were very helpful and comforting in my time of stress, I am very fortunate to have found them and would have them represent me again if the need ever arose.

- Joshua A.
"10/10 recommend!"
Sam was beyond thoughtful and extremely helpful with my first and only DUI. He brought ease to the high stress situation from the first phone call. He got me a great deal and was worth every penny.

- Chris A.
"Sam Bishop was outstanding to work with."
Sam and his assistants supported me throughout the whole process and encouraged me to contact them anytime I needed them. They were all very personable and took so much pressure off my shoulders.

- Nicole R.
"They were there every step of the way."
Sam and his team helped out greatly in a terrible situation. They were there every step of the way and I believe their recommendations helped get me a great resolution in my case. I was facing stiff fines and punishments but was lucky to get a very lenient sentence.

- Cristian A.
"Will always recommend him."
Sam is amazing to work with! He eased my mind through the whole situation, and fought for me getting the best outcome possible! He is super responsive and helpful with anything I need.

- Hannah L.

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Building a Defense After an Evidentiary Test Refusal

We can examine whether the officer had legal cause to stop you and whether the evidentiary test request was lawful, including whether your civil rights were violated. These issues may affect both the refusal consequences and the underlying DUI allegation.

Misdemeanor DUI allegations arising in Boise or Meridian are generally handled in the Magistrate Division of Idaho’s Fourth Judicial District.

Our representation can address both the refusal penalties and the related DUI case. Free, no-obligation consultations are available in person or virtually, with online requests accepted through our contact form. Our flat-rate representation provides the fee upfront, and trial is included.

Call (208) 540-8310 24/7 to discuss your refusal notice and hearing deadline.

What the Evidentiary Test Refusal Hearing Decides

The driver bears the burden of proof at an evidentiary test refusal hearing and must establish a legally recognized basis for setting aside the civil penalty and suspension. The hearing addresses whether those consequences should remain in effect. It doesn’t resolve every factual, constitutional, or evidentiary question that may arise in the separate criminal DUI case.

Separate from the refusal hearing, Idaho law gives a driver the right to independent testing after submitting to the requested evidentiary test. When practicable, a person who submits may obtain additional testing from a qualified person of the driver’s choosing and at the driver’s own expense.

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