Idaho Criminal Defense and DUI Defense Blog

BAC!!!! Sorry I just hacked up something.

Posted by William Young | Jun 27, 2017 | 0 Comments

Blood Alcohol Content

In the State of Idaho, you can be arrested and convicted for Driving Under the Influence (DUI) if you are discovered operating a vehicle with a Blood Alcohol Content (BAC) over .08. If you're driving with a commercial license, the limit is .04, and the limit for drivers under the age of 21 is .02.

This means that Blood Alcohol Content (BAC) is a very important measurement to understand.

Breath Test

If you are pulled over and suspected of Driving Under the Influence (DUI) in Idaho, based on the Implied Consent Law, you are automatically subject to chemical testing that will evaluate your level of intoxication. The most common method used to determine Blood Alcohol Content (BAC) is the breath test.

Accuracy When compared to the two other chemical tests that are routinely administered (the blood and urine tests), the breath test falls somewhere in the middle in terms of accuracy. Many officers believe it to be more accurate than the urine test, but still deem blood testing the most reliable of them all. That being said, the breath test still more times that not holds up in court as viable evidence against a driver charged with DUI. 

Margin of Error Breath tests are considered reliable enough to stand up in court, but that doesn't mean they don't come with a margin for error. If drivers are tested and the results are close to the legal limit, DUI attorneys can often argue that the machine gave an incorrect reading, and therefore help your case. 

Blood Test

Blood tests are not the most frequently-used tests due to their complex processing requirements, but they are known to be the most accurate in determining the exact amount of drugs and/or alcohol in a driver's system.

Although this is the most accurate form of test, the time it takes to process the test opens many doors for potential errors and defense attorneys can often use this to their advantage. If the sample proves positive, it is up to the prosecution to prove that the sample was handled properly and in a timely manner.

Implied Consent Like all other states, Idaho enforces an Implied Consent Law when it comes to Driving Under the Influence (DUI) testing, meaning that by choosing to operate a vehicle, all drivers have automatically agreed to chemical testing to check for intoxication. This means if you refuse the BAC test you may still be forced to give you blood.

About the Author

William Young

William Young - Idaho Criminal Defense, DUI Defense, and Trial Attorney

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