Breath, Blood & Urine Tests
Idaho Implied Consent Law
Under Idaho's implied consent law, when you receive your Idaho driver’s license, you agree to submit to testing to determine your blood alcohol concentration (BAC) if lawfully arrested for operating a motor vehicle while under the influence of alcohol or drugs. If you refuse a breath, blood or urine test after a driving under the influence (DUI) arrest, you may face license suspension.
Agreeing to submit to such a test, however, may give the prosecuting attorney valuable evidence to use against you in criminal court in an attempt to secure a DUI conviction. Whether you submitted to or refused a breathalyzer test, blood test, or urine test in connection with a DUI arrest, a Nampa DUI attorney at Gulstrom & Govia PC may be able to help you.
Find out more about our firm and how to challenge a breath test by contacting us at (208) 502-5006. Your initial consultation is free!
Challenging Breath Test Results in Nampa, ID
In accordance with Idaho Code § 18-8004, a driver who operates a vehicle while with a blood alcohol level of .08% or greater is acting in violation of the law. Your BAC, typically determined by way of a breathalyzer test, may be the prosecution’s most important piece of evidence against you. Fortunately, there are many ways that a Nampa DUI lawyer may be able to challenge breath test results.
Breathalyzer Defense Strategies
The following are examples of potential breath test challenges:
- The breath test was administered improperly.
- The breath test device was not recently calibrated.
- The breath test device is defective.
- Something interfered with the breath test device when it was used.
- The science behind breath testing is flawed or invalid.
- The breath sample that was collected does not actually reflect your BAC at the time that you were driving.
We aggressively attack BAC test results and represent our clients’ interests in ALS hearings to have their licenses reinstated. With more than 30 years of combined legal experience and a commitment to going the extra mile for every client, we are confident in our ability to make a difference in your case.
A “failed” breath test does not have to equal a DUI conviction. Contact our firm at (208) 502-5006 to discuss your case and options.