In an article today in the Idaho Statesman, a federal agency the investigates transportation accidents says Idaho could do better fighting drunk drivers if it would adopt its eleven (11) "best practices." The bottom line – the law and its enforcement would get tougher making the crime even more – well – criminal. DUI laws in Idaho are tough, and prosecutors have the upper hand in plea negotiations, evidence that is permitted to be offered at trial and available expert witnesses. As I have written here before, you are at a huge disadvantage if charged because the deck is already stacked against you! Idaho already uses many of the "best practices" it says make for tougher enforcement. Could Idaho get tougher? Sure. If the state wanted to make it illegal to ever drink and drive it likely could pass a law to ban any level of alcohol in the blood of drivers. So what do you do as a driver – simple – DON’T DRINK AND DRIVE. What if you are charged with DUI? Isn’t everyone charged guilty? Of course not! Regardless of their zeal to get every drunk driver off the road, not everyone arrested is over the limit (.08). The field sobriety tests relied on by the police are NOT necessarily evidence that you are over the limit. The Breathalizer 5000 is not fool proof either – it does not measure breath alcohol at all. It measures the passage of light through a sample of breath that may contain alcohol and then converts the data (speed) into a breath alcohol level. Bottom line – Idaho may get even tougher on persons charged with driving under the influence of alcohol or drugs, making it more difficult for the innocent person to get his or her day in court. Just remember – you are presumed innocent unless and until there is proof beyond a reasonable doubt of your guilt. So don’t go this one alone – find a good lawyer to help you through the process.