DUI in Idaho - Now What?

So you were out having a blast over the weekend and you forgot to assign a designated driver, call a taxi or you thought you could drive home just fine. But then it happened, you floored it a little too late at a yellow light and the cops pulled you over.

This is a familiar scenario, but what do you do now?

First, you really need to get a good criminal law lawyer or an Idaho DUI lawyer to help you. I am not just saying this to drum up business. A DUI is a serious charge and you have a lot a stake.

Once you have gotten a DUI your first question will probably be, How can I get out of it?

To even address this question you need to know the elements of Idaho DUI law. Idaho Code section 18-8004 tells us that a DUI occurs when you operate a motor vehicle or are in control of the vehicle if you have a blood alcohol concentration of .08 or higher or you have drugs or drugs and alcohol in your system.

To get out of a DUI two possible defenses are, 1. You were not in control of the vehicle, or 2. You did not have a blood alcohol level of .08 or higher or drugs in your system.

What does it mean to be in control of a vehicle? Idaho Code requires that you are in actual physical control which means you are in the driver's seat with the motor running or with the car moving. Is it possible that you were in the driver's seat but the car wasn't running? Were the keys in your pocket, not the ignition?

How is the .08 determined and can it be challenged? Did you blow a .08 or greater on a breathlyzer test? If you did you can still challenge the results. Some possible defenses to a .08 or greater reading can be 1. The equipment was improperly calibrated or uncallibrated, 2. You burped within 15 minutes of taking the test. This is a fun defense, one to keep in mind BEFORE you take a breathlyzer test. Burping within 15 minutes of a blow makes the blow invalid under the theory that alcohol fumes move from your belly to your mouth so the concentration of alcohol will be higher in your mouth therefore creating an invalid reading. Remember, however, that your DUI interrogation is being recorded so make certain you burp loudly so that it can be heard by a jury!

What if you didn't blow? Here is where it gets tricky. When you are given a driver's license by the State of Idaho you agree that your driving privileges are conditioned on not driving under the influence and if you are pulled over because of the suspicion that you have been drinking then you will submit to a breathlyzer test or lose your license. If you did not blow, you have 7 days to request an administrative hearing and if you fail you will automatically lose your license for 1 year (2 years if it is your second refusal in 10 years). You also can be fined up to $250 for refusing to blow. Now, just because you don't blow doesn't mean the police won't get a reading. They will require you to take a blood test and you can be required to pay for that too.

One thing to keep in mind, even if the breathlyzer machine was uncalibrated, or you burped within 15 minutes of a blow, the police are not limited to this evidence. The prosecution can and will try to use collateral evidence that you were intoxicated. Collateral evidence would be something like the nystagmus test or swerving in and out of your lane or the like.

The next question you are going to be faced with is do you plead guilty to the DUI in hopes of getting favorable treatment or do you stick to your guns and fight it?

A plea bargain can be a good choice for several reasons. You can often get a lesser sentence or a reduced charge when you take a plea, it costs less in attorney's fees (attorneys often offer a flat fee for a plea bargain) and you can get the whole thing done and over with very quickly.

A plea may be undesirable if you stand to lose your job, you will have violated the terms of probation or you feel like you are not guilty as charged.

Whatever you choose, you need to make certain that you don't miss deadlines.  You will come across a lot of "important" dates and there will be serious consequences if you don't comply with these.

You may want to plead "not guilty" at your arraignment, even if you ultimately take a plea, simply to buy time and to find out what type and how much evidence the prosecution has.