Idaho State Statutes - Idaho Attorney Directory

TESTS OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR
OTHER INTOXICATING SUBSTANCES -- SUSPENSION UPON REFUSAL OF TESTS. (1) Any
person who drives or is in actual physical control of a motor vehicle in this
state shall be deemed to have given his consent to evidentiary testing for
concentration of alcohol as defined in section 18-8004, Idaho Code, and to
have given his consent to evidentiary testing for the presence of drugs or
other intoxicating substances, provided that such testing is administered at
the request of a peace officer having reasonable grounds to believe that
person has been driving or in actual physical control of a motor vehicle in
violation of the provisions of section 18-8004, Idaho Code, or section
18-8006, Idaho Code.
(2) Such person shall not have the right to consult with an attorney
before submitting to such evidentiary testing.
(3) At the time evidentiary testing for concentration of alcohol, or for
the presence of drugs or other intoxicating substances is requested, the
person shall be informed that if he refuses to submit to or if he fails to
complete, evidentiary testing:
(a) His driver's license will be seized by the peace officer and a
temporary permit will be issued; provided, however, that no peace officer
shall issue a temporary permit pursuant to this section to a driver whose
driver's license or permit has already been and is suspended or revoked
because of previous violations, and in no instance shall a temporary
permit be issued to a driver of a commercial vehicle who refuses to submit
to or fails to complete an evidentiary test;
(b) He has the right to request a hearing within seven (7) days to show
cause why he refused to submit to, or complete evidentiary testing;
(c) If he does not request a hearing or does not prevail at the hearing,
his driver's license will be suspended absolutely for one hundred eighty
(180) days if this is his first refusal and one (1) year if this is his
second refusal within five (5) years; and
(d) After submitting to evidentiary testing he may, when practicable, at
his own expense, have additional tests made by a person of his own
choosing.
(4) If the motorist refuses to submit to or complete evidentiary testing
after the information has been given in accordance with subsection (3) above:
(a) His driver's license or permit shall be seized by the peace officer
and forwarded to the court and a temporary permit shall be issued by the
peace officer which allows him to operate a motor vehicle until the date
of his hearing, if a hearing is requested, but in no event for more than
thirty (30) days; provided, however, that no peace officer shall issue a
temporary permit pursuant to this section to a driver whose driver's
license or permit has already been and is suspended or revoked because of
previous violations and in no instance shall a temporary permit be issued
to a driver of a commercial vehicle who refuses to submit to or fails to
complete an evidentiary test;
(b) A written request may be made within seven (7) calendar days for a
hearing before the court; if requested, the hearing must be held within
thirty (30) days of the seizure unless this period is, for good cause
shown, extended by the court for one (1) additional thirty (30) day
period. The court, in granting such an extension, may, for good cause
shown, extend the defendant's temporary driving privileges for one (1)
additional thirty (30) day period. The hearing shall be limited to the
question of why the defendant did not submit to, or complete, evidentiary
testing, and the burden of proof shall be upon the defendant; the court
shall suspend all his driving privileges immediately for one hundred
eighty (180) days for a first refusal and one (1) year for a second
refusal within five (5) years unless it finds that the peace officer did
not have legal cause to stop and request him to take the test or that the
request violated his civil rights;
(c) If a hearing is not requested by written notice to the court
concerned within seven (7) calendar days, upon receipt of a sworn
statement by the peace officer of the circumstances of the refusal, the
court shall suspend his driving privileges for one hundred eighty (180)
days for a first refusal and one (1) year for a second refusal within five
(5) years, during which time he shall have absolutely no driving
privileges of any kind; and
(d) After submitting to evidentiary testing at the request of the peace
officer, he may, when practicable, at his own expense, have additional
tests made by a person of his own choosing. The failure or inability to
obtain an additional test or tests by a person shall not preclude the
admission of results of evidentiary testing for alcohol concentration or
for the presence of drugs or other intoxicating substances taken at the
direction of the peace officer unless the additional test was denied by
the peace officer.
(5) Any suspension of driving privileges under this section or section
18-8002A, Idaho Code, shall be a civil penalty separate and apart from any
other suspension imposed for a violation of other Idaho motor vehicle codes or
for a conviction of an offense pursuant to this chapter, and may be appealed
to the district court.
(6) No hospital, hospital officer, agent, or employee, or health care
professional licensed by the state of Idaho, whether or not such person has
privileges to practice in the hospital in which a body fluid sample is
obtained or an evidentiary test is made, shall incur any civil or criminal
liability for any act arising out of administering an evidentiary test for
alcohol concentration or for the presence of drugs or other intoxicating
substances at the request or order of a peace officer in the manner described
in this section and section 18-8002A, Idaho Code: provided, that nothing in
this section shall relieve any such person or legal entity from civil
liability arising from the failure to exercise the community standard of care.
(a) This immunity extends to any person who assists any individual to
withdraw a blood sample for evidentiary testing at the request or order of
a peace officer, which individual is authorized to withdraw a blood sample
under the provisions of section 18-8003, Idaho Code, regardless of the
location where the blood sample is actually withdrawn.
(b) A peace officer is empowered to order an individual authorized in
section 18-8003, Idaho Code, to withdraw a blood sample for evidentiary
testing when the peace officer has probable cause to believe that the
suspect has committed any of the following offenses:
(i) Aggravated driving under the influence of alcohol, drugs or
other intoxicating substance as provided in section 18-8006, Idaho
Code;
(ii) Vehicular manslaughter as provided in subsections (3)(a), (b)
and (c) of section 18-4006, Idaho Code;
(iii) Aggravated operating of a vessel on the waters of the state
while under the influence of alcohol, drugs or other intoxicating
substances as provided in section 67-7035, Idaho Code; or
(iv) Any criminal homicide involving a vessel on the waters of the
state while under the influence of alcohol, drugs or other
intoxicating substances.
(c) Nothing herein shall limit the discretion of the hospital
administration to designate the qualified hospital employee responsible to
withdraw the blood sample.
(d) The law enforcement agency that requests or orders withdrawal of the
blood sample shall pay the reasonable costs to withdraw such blood sample,
perform laboratory analysis, preserve evidentiary test results, and
testify in judicial proceedings.
(e) The withdrawal of the blood sample may be delayed or terminated if:
(i) In the reasonable judgment of the hospital personnel withdrawal
of the blood sample may result in serious bodily injury to hospital
personnel or other patients; or
(ii) The licensed health care professional treating the suspect
believes the withdrawal of the blood sample is contraindicated
because of the medical condition of the suspect or other patients.
(7) "Actual physical control" as used in this section and section
18-8002A, Idaho Code, shall be defined as being in the driver's position of
the motor vehicle with the motor running or with the motor vehicle moving.
(8) Any written notice required by this section shall be effective upon
mailing.
(9) For the purposes of this section and section 18-8002A, Idaho Code,
"evidentiary testing" shall mean a procedure or test or series of procedures
or tests, including the additional test authorized in subsection (10) of this
section, utilized to determine the concentration of alcohol or the presence of
drugs or other intoxicating substances in a person.
(10) A person who submits to a breath test for alcohol concentration, as
defined in subsection (4) of section 18-8004, Idaho Code, may also be
requested to submit to a second evidentiary test of blood or urine for the
purpose of determining the presence of drugs or other intoxicating substances
if the peace officer has reasonable cause to believe that a person was driving
under the influence of any drug or intoxicating substance or the combined
influence of alcohol and any drug or intoxicating substance. The peace officer
shall state in his or her report the facts upon which that belief is based.

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