Idaho DUI FAQs and Facts

What is "blood-alcohol concentration" "blood-alcohol content" 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?

You can refuse a breathalyzer test. These are portable instruments police have with them to test your breath for alcohol. The results of these tests are typically not admissible if you are, in fact, arrested and charged with an intoxicated driving offense.

Refusal, however, carries with it significant consequences. Those consequences depend on your jurisdiction, but you can expect any of the following:

• Your license may be suspended.
• You may be sentenced to jail time.
• You may still face a DUI charge based on other criteria, such as field sobriety test results, witness testimony, and the police officer's observations.
• You may be fined.

Also, if you refuse, the police officer may request a warrant to take a blood sample. Blood tests are more reliable than breath tests, and they can be more challenging to defend against if a case is filed against you.

Find more information here: Breath Test Refusal.

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 are standardized field sobriety tests (FSTs)?

Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.

There are three standardized FSTs:

1. the Horizontal Gaze Nystagmus Test (HGN test)
2. the One-Leg Stand Test (OLS test)
3. the Walk-and-Turn Test

The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence.

Non-standardized FSTs include:

• finger to nose test
• the finger count test
• the hand pat test
• the alphabet test
• the reverse counting test
• the coin pickup test

Find more information here: Field Sobriety Test.

Can I refuse field sobriety tests in Idaho? 

The ability to refuse a field sobriety test is allowed in most jurisdictions, although there may be consequences, such as being asked to complete a breathalyzer test or provide a blood sample. A refusal to complete a field sobriety test typically does not carry the same serious repercussions as refusing a breathalyzer test. 

After a DUI arrest in Idaho, will my driver's license be suspended or revoked?

There are two different types of suspensions. The first is an administrative suspension, and many jurisdictions will suspend your license if you refuse a breathalyzer or have a BAC over a certain level. This means you can lose your driving privileges even when you have not been found guilty of driving while intoxicated or under the influence of a chemical substance.

The other type of suspension occurs when you are convicted of an intoxicated driving offense.  Whether your driver's license will be suspended or revoked depends on your jurisdiction, your BAC level, and whether this is your first offense. 

What happens after a drunk driving arrest in Idaho?

If you are arrested for drunk driving, what happens next depends on the facts and circumstances. It's important to know that DUI arrests result in two processes after an arrest: (1) the administrative hearing, which results in civil penalties, like driver's license suspension; and (2) the criminal process, which can result in a conviction in the absence of a strong DUI defense. A conviction can lead to fines, driver's license suspension/revocation, imprisonment, ignition interlock device (IID) installation, and other penalties.

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:

• DUI First Offense
• 2nd DUI within 10 years
• Felony DUI
• Idaho Excessive DUI
• Aggravated DUI
• Juvenile DUI

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.

Can I beat a drunk driving charge in Idaho?

It is possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, blood tests, and urine tests. Understanding the latter tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.

Aside from errors or unreliable test results, an alleged DUI offender may have had their constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.

You will need a drunk driving defense attorney to help you beat an intoxicated driving charge. These cases can be highly technical, as much as legally complex.

Find more information here: Idaho DUI Defenses.

Can I just plead guilty to DUI?

An arraignment is a hearing where the defendant can plead guilty or not guilty. You can plead guilty, but the real question is whether you should or not. It would be a mistake to plead guilty at this time, especially without the counsel of a drunk driving lawyer in Boise, and there are multiple reasons for this.

1. If you plead guilty immediately, you lose any opportunity to fight the DUI charge.
2. If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances. Admittedly, a plea deal means you would plead guilty, but the process can render a better outcome than an immediate plea of guilty. In some jurisdictions, you may be able to plead down to a lesser offense.
3. The sentencing is often harsher when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.

If it's your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed or to get yourself acquitted, it will be your first drunk driving charge. With the latter on your record, you want to keep in mind that subsequent DUI convictions will assuredly lead to harsher penalties.

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.

How Much Does a DUI Defense Lawyer Cost?

There are a lot of factors to consider when determining the cost of a defense lawyer, like:

• The experience of the lawyer
• Whether you take a plea deal
• Whether you go to trial
• The costs of the experts if you go to trial

For more information, take a look here: DUI cost

Important Idaho DUI Facts

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: https://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 in Idaho. 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. 

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.

Contact an Idaho DUI Defense Attorney

At Schofield and Young, we know the law and the technical, scientific makeup of field sobriety tests, blood tests, breath tests, and urine tests. We also know how to identify and proactively address any constitutional rights violations to benefit your case. We take the time to fully evaluate your case for all potential defenses. If a defense exists, we will find it. We are committed to getting my clients the best possible outcome.

Contact our DUI defense lawyers in Boise today at (208) 344-0128 to schedule a Free Consultation and get honest advice on your best legal options.

Additional Information can be found here: Idaho DUIs.