Blog Layout

SCHEDULE NOW


Click the button below to schedule an appointment with attorney Jill Bolton at Bolton Law PLLC.

Schedule an Appointment
Leave a Review

PRACTICE AREAS


ASSOCIATIONS


Idaho State Bar
the florida bar
Idaho Association of Criminal Defense Lawyers
Know Your Rights: When Pulled Over By Police After Consuming Alcohol or Other Drugs
noahjones • Jul 12, 2020

One of the most common questions that criminal defense lawyers receive from clients, friends, and family alike is, “What should I do if I get pulled over after I have been consuming alcohol or other drugs?” Here is what you need to know about DUI convictions in Idaho. 

In legal terms, the Idaho law is very clear, it is illegal to drive or be in actual physical control of a motor vehicle while under the influence of drugs or alcohol. By definition of Idaho Code § 18-8004, an individual is under the influence if their driving is impaired in some identifiable way, based on the “totality of the evidence”. This evidence can include failed sobriety tests, an admission made by the driver, lab results, and driving patterns. It is important to note that you may be convicted of a DUI without the direct evidence of a failed breath or blood test. In fact, the most common evidence used in DUI cases is the circumstantial evidence of the video/audio recordings, of the driving pattern before the stop, the officer’s interactions with you during the stop, to include how you perform on standardized field sobriety tests (SFSTs), your speech pattern (slurred speech for example), and what you may say or do after you have been placed in the back of a patrol vehicle (you are being recorded).. 

Starting at the beginning, when you are getting pulled over make sure to do so in a calm, orderly manner. Remember, everything about the stop, including your driving right before the stop, is being recorded. As mentioned before, this evidence is often some of the most compelling evidence that is used in court.

Idaho officers are required to ask for (and you are required to answer) your name, address, driver’s license, insurance, so make sure you have all of these available when being stopped. Otherwise, it is in the best interest of your case to remain silent and not answer any of the questions relating to your sobriety or pre-driving activities. Even though you might feel the need to explain your sobriety/driving patterns to the officer, everything you say is recorded and may be used to convict you in court. Instead, make sure to politely inform the officer that you “understand they have a job to do, but you do not feel comfortable answering any questions without an attorney present.” You may crack your window to present your documents and then close your window.

In terms of completing the breathalyzer and other field sobriety tests, the decision becomes slightly more complicated.  While the state of Idaho does allow civilians to refuse the breathalyzer and other sobriety tests, it may not have the intended outcome of making it harder to be convicted of DUI like many people think. Idaho’s “implied consent” law may actually make it easier. According to Idaho’s Code Section § 18-8002: 

“Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for the concentration of alcohol…or other intoxicating substances, provided that such testing is administered at the request of a peace officer having reasonable grounds to believe that person has been driving or in actual physical control of a motor vehicle in violation of the provisions of section 18-8004, Idaho Code [DUI], or section 18-8006, Idaho Code [Aggravated DUI].”

Even if you have refused the breathalyzer test, a police officer with probable cause can forcibly take and test your blood to determine BAC. Even worse, blood tests are much more accurate and therefore harder to defeat in court. 

A final note on breathalyzer refusal: if refused, you can face an automatic driver’s license suspension, for up to one year. Being absolute , this suspension by the Department of Motor Vehicles disallows any privileges for driving, such as driving to work, school, or medical appointments at all for the year. 

As for other sobriety tests, you are required to step out of your vehicle when asked, but not to complete the tests. We recommend that you do not complete tests, as they are designed to fail: you are not given the opportunity to practice, you are not given the information the officer is looking for, and the officer only needs you to fail a couple of cues to arrest you. The police have to detail probable cause to get a warrant, and if they have enough evidence they will get one anyway. There is no point in incriminating your otherwise innocent self by failing their tricky field tests. 

Overall, Bolton Law would like to reiterate that the best way to stay out of a DUI conviction is to plan ahead of your drinking or drug use. Calling a cab is a small price to pay for the potential costs of DUI charge. If you are pulled over, call Bolton’s offices and we would be glad to talk about your options.

Share by: