Idaho DUI: Legal Rights After Arrest
As a criminal defense lawyer, attorney Jared B. Martens of Boise, Idaho, represents many clients charged with DUI/DWI. One of the greatest areas of confusion among drivers, he finds, is exactly what a person’s rights are if stopped for driving under the influence (DUI). Below are some general statements about Idaho DUI law and the constitutional rights of a person in a traffic stop.
Each case is unique, however, and if you were arrested for DUI it is important to discuss your case with an experienced criminal defense attorney. If you would like to speak with Mr. Martens, please contact Martens Law Office in Boise to arrange a free consultation.
A Traffic Stop for DUI in Idaho
A police officer must have a reasonable suspicion, based on the officer’s actual observation of unusual behavior, to stop and check a driver for driving under the influence (DUI). If field sobriety checkpoints are set up where every driver is checked for drunk driving, no reasonable suspicion is necessary. If you are stopped, cooperate and be polite but do not discuss your drinking. It is extremely rare for officers in Idaho to conduct sobriety checkpoints. In Boise, Nampa and Caldwell police officers generally find reasonable suspicion to pull drivers over by being overly nit picky. The Boise City Police along with other law enforcement officers in Idaho WILL pull you over after 10:00 p.m for things they would never think of pulling you over for at 2:00 in the afternoon.
The Field Sobriety Testing in Idaho
When you are stopped, an officer can ask you to get out of the car and perform tasks such as reciting the alphabet, walking a straight line, standing on one foot, or picking up a coin. It is important to inform the officer if you have a medical condition that will interfere with your ability to perform the activity.
The Blood-Alcohol Test in Idaho
You may be required to take a blood alcohol content (BAC) test. You must take the test, but have the right to request the breath, blood or urine form of the test. If you refuse the test you could be forced to take it. In Idaho the police will generally force a Blood Draw if you refuse to take a Breathalyzer. If you refuse the test and the Idaho Police do not force a blood draw, you will probably have your license suspended for a year and the judge and jury will be able to consider your refusal evidence against you. In many cases we can negotiate an agreement with the Prosecutor to withdraw the affidavit of refusal so that you do not lose your license for a year. However, there are time deadlines involved, so you need to contact an Idaho DUI Defense attorney within a couple days of your being charged with the DUI.
An Idaho Drunk Driving Arrest
If you fail a field sobriety test you will be handcuffed, searched and taken to the jail for a BAC test. You will be held there until you post bail or a judge releases you. As soon as you are put under arrest, you have a right to contact a lawyer. However, you do not have the right to the presence of an attorney during the BAC test.
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Martens Law Office has weekend and evening appointments available, offers free initial consultations, and accepts credit cards. If you would like to speak with attorney Jared B. Martens, please contact the firm and arrange a free consultation.
