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What to do if you are pulled over or arrested for DUI

Posted by William Young | Oct 26, 2017 | 0 Comments

While no one expects to be stopped and charged with drunk driving, it is a common charge in Idaho. Below is some information to help you if you are pulled over or charged.

Remain Silent

One of the most important things that you should do if you are pulled over or arrested for drunk driving, is to remain silent. You must provide your name, address, driver's license, insurance, etc to the officer but you should not answer any questions related to alcohol or your activities prior to being in the vehicle. Memorize this phrase: "Officer, I appreciate you have a job to do but I do not feel comfortable answering questions without an attorney present."

While it is common for people to want the opportunity to explain themselves to the arresting officer, this will not help you.  The less you say, the less evidence the police have to prove your intoxication. Trying to provide an explanation will not get you out of trouble, 99 times out of 100 your "explanation" will be the prosecutions best evidence against you.

Remain Calm

No matter the circumstances of the stop or arrest, no matter how terribly you believe the officer is treating you, it is important that they stay calm and be polite. Yelling at the officer will not get you anywhere, it will likely only result in a quicker trip to the jail and/or additional charges.

Do not fight, scream, cry, or plead with the officer not to arrest you - this will also not get you anywhere. I have never seen someone get out of a DUI charge by crying.

Those people who can keep their head, remain calm, and behave a the most reasonable and SOBER way possible always end up with a better case toward fighting the DUI.

Do not expect to pass the FSTs

No one ever passes the field sobriety tests so don't expect that you will prove your sobriety. That being said, give it your best shot...blowing off the FSTs will only make you look intoxicated.

Getting Released from Custody

Following a DUI arrest, most suspects will have to post bail before they can be released. Bail is a sum of money that is posted as security to help ensure that the offender will appear in court. Typically, on a first DUI this is between $500-$1000 in Idaho. You may be able to post that bond immediately when you are arrested or you may have to wait and appear before a judge. The judge may or may not issue other conditions that will need to be met by the DUI suspect.

For a second DUI or excessive DUI the suspect will have to appear before the court within days of their arrest. At this time the judge will likely order pretrial release conditions such as alcohol monitoring.

Scheduling the DMV Administrative Hearing

Following one's release from police custody, it is important that the Department of Motor Vehicles (DMV) is contacted to arrange for an Administrative hearing. You have only 7 days in which to schedule this hearing. Failure to do so will result in the automatic suspension of one's driving privileges following 30 days from the date of the arrest.

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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