Idaho DUI Evidence

Persons arrested for DUI in the state of Idaho will be asked to submit to chemical testing of their blood, breath, and/or urine to determine the presence of alcohol and/or drugs present in the person's system. A person who submits to a breath test may also be requested to submit to a blood or urine test if the police suspect impairment by drugs or a combination of drugs and alcohol. Which test or tests will be requested is in the discretion of the police. There is no right to consult with an attorney prior to submitting to evidentiary testing in Idaho. Failure to complete testing upon an lawful request, or a person's refusal to submit to testing will result in administrative license suspension penalties (see the Idaho Driving tab for more information).

The Types of Chemical Tests In Idaho Drunk Driving Cases

Pursuant to Idaho's chemical testing law, analysis of blood, urine, or breath for the purpose of determining the alcohol concentration must be performed by a laboratory operated by the Idaho state police or by a laboratory approved by the Idaho state police under the provisions of approval and certification standards to be set by that department, or by any other method approved by the Idaho state police.

ADDITIONAL TESTING - After submitting to evidentiary testing requested by the police, DUI suspects have a right, when practicable, at their own expense, to have additional tests made by a person of their own choosing. A person's failure or inability to obtain additional tests will not preclude admission of the results of evidentiary tests administered at the direction of the police unless additional testing was denied by the officer.

BLOOD TESTING - Only a licensed physician, qualified medical technologist, registered nurse, phlebotomist trained in a licensed hospital or educational institution or other medical personnel trained in a licensed hospital or educational institution to withdraw blood can, at the order or request of a peace officer, withdraw blood for the purpose of determining the content of alcohol, drugs or other intoxicating substances therein. The police may order qualified medical personnel to withdraw a blood sample for evidentiary testing when they have probable cause to believe the DUI suspect committed aggravated DUI, vehicular manslaughter, criminal homicide involving a vessel, and aggravated DUI involving a vessel.