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Important facts to know about DUIs in Idaho.

Posted by William Young | Sep 01, 2017 | 0 Comments

There are many myths about DUI law. Misinformation can lead to poor decision-making.

Under the law you are intoxicated at .08, even if you do not feel "drunk":

The "legal limit" in Idaho is .08. Many people charged with DUI are surprised because they did not feel intoxicated or drunk. What is misunderstood is that at .08 most people will not feel intoxicated. People need to be careful when drinking - .08 is lower than you might think.

If it is even a question it is always better to error on the side of caution and just take a cab.

You can blow under .08 and still be convicted of DUI:

While the "legal limit" in Idaho is .08, this is only one route of proving DUI. DUI can be proven with a blow below the legal limit or without any blow at all.

Under Idaho law DUI can proven by utilizing a "per se theory" (meaning the defendant blew over .08) OR  if the state utilizes an "impairment theory." Under the latter, the state must prove that the driver was impaired by alcohol, drugs, or other intoxicating substances. This theory does not require a blow over .08 or any BAC result at all.

You can be charged and convicted of DUI if you refuse a breath test:

Refusing the breath test will not guarantee a verdict of not guilty. In fact, sometimes the smartest thing you can do is submit to the breath test. See my previous blog article on this subject: http://www.youridattorney.com/should-you-refuse-the-breathalyzer

At .20 you can be charged and convicted of an excessive DUI:

While it is illegal to drive while over the legal limit of .08, at .20 a DUI becomes an Excessive DUI. An Excessive DUI has additional penalties far above and beyond what a conviction for a standard DUI would carry.

You are supposed to fail the Field Sobriety Tests:

No one passes the FSTs, regardless of impairment. These tests were made to fail. Everyone knows this and the only people who stand by the test as reliable are law enforcement who use it as a tool to get DUI convictions. 

Take a look a blog article I recently wrote on just this issue: FSTs impossible to pass.

The police officer is not your friend:

This is true in all criminal cases. Nearly everyone I speak to has a story about a police officer who is on their side. The officer typically promised to help in their case if they are upfront and honest with them. This is human nature; we want to believe someone is there to help when we are in trouble. However, this NEVER happens; police officers are not your friend. Their job is to get you to admit to the crime so they can use it against you later - they often accomplish this by acting like your friend.

Trust that an attorney is there to help, not law enforcement.

DUI can be a misdemeanor or a felony under Idaho law:

Most Idaho DUI cases are misdemeanors. However, a Third DUI, or a DUI involving aggravated circumstances, is a felony under Idaho law.

Any attorney is an important part to any DUI defense:

Do not just plead guilty, you may be innocent. An experienced DUI attorney can be the difference between an acquittal and a conviction.

I take the time to fully evaluate your case for all potential defenses. If a defense exists, I will find it. I am committed to getting my clients the best possible outcome.

Take a look at a recent DUI trial I won in Ada County: http://www.youridattorney.com/ada-county-dui-trial---not-guilty

About the Author

William Young

Idaho Criminal Defense and Civil Litigation Attorney. Although I do a little bit of everything in my practice, I focus primarily on Criminal Defense and Civil Litigation. I am licensed to practice, and have a record of success, in both state and federal court.

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