How to Beat a DUI Refusal Case
In Idaho, if an officer suspects you are driving under the influence and orders a breath test, failure to take that test isn’t your best option. Refusing the test can cause consequences like a one-year license suspension, which is even more severe than the suspension that driving under the influence (DUI) charge carries.
For those currently facing a DUI refusal case, talk to a skilled defense attorney who can help you avoid penalties. At Trilogy Law Group, we know how intimidating it can feel to be charged with a DUI refusal. If you’re confused about the intricacies of your charge or concerned about how to best fight the charge, our trusted DUI lawyers are here to help you beat your charges.
Idaho DUI Refusal Laws
Some individuals may think that refusing a breath test when they’re driving under the influence will make it more difficult for the officer to charge them with a DUI. Unfortunately, Idaho maintains rigid laws regarding DUI charges and outlines strict penalties for refusing a breath test.
Even if the individual was not driving under the influence or successfully passes other tests like a field sobriety test, they will still be charged for refusing the Breathalyzer. A Breathalyzer is a machine used by officers to gauge an individual’s blood alcohol concentration (BAC). In Idaho, it’s illegal to operate a vehicle with a BAC of 0.08 or higher.
Refusing this test does not mean an officer cannot charge you with a DUI. The officer may use other methods like field sobriety tests to support the DUI charge, and may even argue that by refusing the breath test, you were aware of and attempting to conceal your intoxication.
If you refuse a Breathalyzer in Idaho, you may face a $250 fine and a license suspension for up to one year. A DUI conviction may carry lighter penalties than a DUI refusal, like a license suspension of only six months. Because DUI refusal charges are penalized so harshly, it’s crucial to connect with a lawyer and build a strong case.
How to Combat the DUI Refusal Charge
Though the specific strategy will differ based on the details of your case, defense attorneys may employ a variety of strategies to encourage leniency from the judge. If this is the first incident and you have no criminal record, your lawyer may highlight your clean background as a reason to receive a lighter sentence.
Your attorney may also compel the judge to offer a lighter sentence based on your good behavior, like attending a rehabilitation or alcohol education program.
Defense attorneys may argue that the officer lacked proper justification for pulling you over in the first place. If the officer pulled you over for something like expired license plates and afterward requests a Breathalyzer test, your lawyer may conclude that the officer lacked reasonable cause, like witnessing reckless driving or smelling alcohol, to request a breath test.
Talk to a DUI Attorney Today
Refusing a DUI test carries heavy consequences that can majorly affect your life, like a one-year license suspension. While your best option is typically to accept the test and let your lawyer represent you in court, you may have a chance to get your DUI refusal case reduced or dropped.
If you’re ready to build a strong and fight for your future, the lawyers at Trilogy Law Group are here to help. Call us at 208-968-9060 or fill in our online form for a free consultation today.