Idaho DUI FAQs | Schofield and Young
Idaho DUI Questions | Boise DUI FAQs | Boise DUI Lawyer Questions
Frequently Asked Questions about Idaho Drunk Driving
What is "blood-alcohol concentration" or "blood-alcohol level"?
Blood-alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of .08 or higher may establish a presumption of intoxication. The details of the .08 BAC presumption laws vary among the states, but all 50 states have adopted .08 as their official intoxication level, in large part because of a federal threat of otherwise withholding highway funds.
Can I refuse a Breathalyzer test?
Yes. However, a refusal will lead to an immediate suspension of your driving privileges for one full year. Further, you may only delay law enforcement. If you refuse, law enforcement can seek a blood draw warrant from a judge. If the judge signs off on the requested warrant, you will be required to submit to a BAC blood test.
Are breath-test results always accurate?
No. The scientific accuracy of the breath test can be challenged based on the particular circumstances of the test, such as improperly calibrated equipment or inadequately trained officers. If the test results are inadmissible or can be challenged, the case will probably have to be proven based on other evidence, such as eyewitness testimony and field-sobriety test results.
What if I lose my license but continue to drive?
If a person whose license has been revoked or suspended due to drunk driving chooses to drive without a valid license and is pulled over, he or she stands to suffer more serious consequences, including possible fines, imprisonment, and further suspension of their license. The more prudent course of action is to rely on friends and family for rides or use public transportation during a license revocation or suspension.
How can I get automobile insurance after a drunk-driving conviction?
Although your rates will likely be higher, your insurer may continue to insure you even after a conviction. A subsequent clean-driving record may result in lower rates in the future. If your insurer drops you as a result of the conviction, another insurance company may be willing to accept the risk. In fact, some companies specialize in offering nonstandard insurance to drivers who have been convicted of drunk driving, but the rates are much higher.
What is the punishment for drunk driving?
This depends on the nature of the charge and the facts of your case. More information can be found on the following pages:
How can I get to work if I cannot drive?
Many drunk-driving offenders are forced to rely on public transportation or rides from friends, family or co-workers for transportation to and from work during periods of license suspension or revocation. In some situations, an offender may be granted a hardship license, sometimes called a limited license, allowing him or her to drive in limited situations such as to and from work, school or medical appointments. If an offender with a hardship license is caught driving outside of its strict limitations, further penalties may be imposed.
What is the best way to beat a drunk-driving charge?
The best way to avoid being convicted of drunk driving is to not drink and drive. Use a designated driver, call a taxi, call a friend or don't drink alcohol if you are going to need to drive within a few hours. For some people, even one drink can impair their driving abilities. However, if you have been charged with driving under the influence, an experienced drunk-driving defense lawyer can work to improve the outcome of your case.
If I simply intend to plead guilty, why do I need a lawyer?
Even if you did drink and drive, experienced legal counsel may be able to help minimize your legal problems and maximize your opportunities to move ahead toward a brighter future. A criminal defense attorney helps to equalize the balance of power between the defendant and the prosecution and works to preserve the constitutional rights that are guaranteed to all criminal defendants.