Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

Information and Insight on Criminal Law and Civil Rights

Archives: DUI

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Beware the prescription drug DUI – get a lawyer to win your case

Posted in Criminal Defense, DUI, Hire a Lawyer
  Today’s question: “What happens if you are arrested and charged with driving under the influence of drugs? Let’s say prescription drugs. What does the prosecutor have to prove to obtain a conviction?” This question comes to me more frequently today than ever before, probably because more and more people who are taking medications prescribed… Continue Reading

That “Fog Line” is Actually Part of the Lane – DUI Case Reversed!

Posted in Constitutional Law, Criminal Defense, DUI, News, Trials
Idaho’s Supremes have decided, in a 3 – 2 decision, that the line on the side of the road is actually part of the lane, so an officer unreasonably stopped a driver because he had driven onto that line twice. That decision results in suppression of the evidence needed by the State for its DUI case. The case goes… Continue Reading

Should You Refuse The Breathalyzer?

Posted in Criminal Defense, DUI
Now that we are finished with the recent trial, my nightmares involving exhibits, motions, and objections are beginning to subside, and things are starting to settle back into the normal daily grind; I figured it was time for me to sit down and get back to posting on our blog. Today’s post covers one of… Continue Reading

Our New DUI Website is up – DUI in Idaho

Posted in DUI
 We have been working on a new site specifically designed to provide more information for folks charged with driving under the influence of drugs or alcohol – DUI. Click here to visit the site and learn even more about DUI in Idaho. The site is a work in progress, but it may help answer your… Continue Reading

“Reasonable Grounds” to administer a breathalyzer in Idaho – odor of alcohol, an admission you’ve been drinking and red eyes is probably enough!

Posted in DUI
 "Reasonable Grounds" – kind of sounds like a new coffee joint, doesn’t it? Like a place that you’d find lawyers tending to that every day habit. In the DUI defense world, reasonable grounds means so much more. The Idaho Court of Appeals reminded us a few weeks ago that it doesn’t take much to require… Continue Reading

Before You Choose A Blood Draw – think about how little margin for error there is and how it may PROVE your guilt!

Posted in DUI
     It happened again last week – a client faced the prospect of losing his driving privileges for a year from the Idaho Department of Transportation because he had refused a breathalyzer, and insisted officers conduct a blood test. His test result was .204%, a level evidencing an "excessive DUI" for which IDOT could… Continue Reading

Supremes Say Your Truck Can Be Stopped On An Anonymous Report

Posted in Constitutional Law, Criminal Defense, DUI, Search and Seizure
   Once again we see that our right to be free from unreasonable search and seizure finds too few friends in the United States Supreme Court. The issue in Navarette v. California, decided this week, was whether the fourth amendment requires an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate… Continue Reading

DUI Cases Dismissed in Two Counties in the Last Month

Posted in DUI
  In the past month we have finished two cases in which our clients were charged with driving under the influence of drugs or alcohol, and in both cases, prosecutors ultimately dismissed the charge of DUI and accepted pleas of guilty to inattentive driving. Not a big deal? Oh yes it is. Inattentive driving does… Continue Reading

DUI Cops Are Watching for These Signs You Are Driving Under the Influence

Posted in DUI
  The National Highway Transportation Safety Administration (NHTSA) has a publication that lists the "symptoms" of drunk driving officers are trained to watch for in "driving pattern." Each "symptom" has been given a value NHTSA says represents the likelihood a driver exhibiting that driving pattern is under the influence of alcohol or drugs. Here is… Continue Reading

Working With Experts in Your DUI Case

Posted in DUI
  I had a call today from a client we are defending who is charged with driving under the influence of alcohol or drugs (DUI). This case is a little different than the usual DUI because the intoxicating substances charged include several commonly prescribed medications and an over-the-counter antihistamine (containing diphenhydramine). The State has laboratory… Continue Reading

And now a word about blogging – BACK!

Posted in Assistance of Counsel, Civil Trial Practice, Criminal Defense, DUI, Politics, Trial Lawyers College, Trials
 So I took a little break from blogging about criminal defense, DUI defense, civil trials and matters of wrongful death. And then things just started "popping up." A new case or twelve. A kid in jail who just could not get it together. A former Marine facing life changing decisions. The mentally ill – fearing… Continue Reading

Life Sentence for DUI – Three things to take away from the sentence

Posted in DUI
  Just how serious is the State of Idaho when it comes to driving under the influence (DUI)? Ask any experienced criminal defense attorney who practices in this state and the answer will undoubtedly be "very serious!" Exhibit A in that regard is the life sentence handed down yesterday in Ada County District Court to… Continue Reading

DUI Lawyer solicitation letters may scare you into hiring the wrong lawyer! Educate yourself here, for free, and without the scary letter!

Posted in Assistance of Counsel, DUI
"ACT IMMEDIATELY TO PROTECT YOUR DRIVING PRIVILEGES" In Boise, Idaho, if you are charged with driving under the influence of alcohol or drugs, two things are certain: First – your mugshot photo will show-up online for all to see, and second – you will receive a "letter" advertising the services of a lawyer who wants… Continue Reading

How much does a DUI cost?

Posted in Criminal Defense, DUI
 We still give free consultations on any criminal defense matter for one simple reason: it’s the right thing to do. If you have been charged with a crime, you are likely worried and afraid. You may want to just "get it all behind you and plead guilty." Before you do, call us. Take some time… Continue Reading

DUI and the Administrative License Suspension Hearing

Posted in DUI
 If you are stopped by a law enforcement officer who suspects that you are driving under the influence of drugs or alcohol, you will likely face the prospect of deciding whether to take the breathalyzer test. The question of whether the officer has legal cause to believe you have violated the law, thereby entitling him… Continue Reading

How good is that pocket BAC device?

Posted in DUI
 As a general rule, is it a good idea to refuse a breath test if you ever find yourself pulled over? This is a question that we get asked frequently, and the answer really depends on you, how much you have had to drink, and whether you have a prior DUI. The main reason to… Continue Reading

Will States Go To .05% for DUI: DUI expert following this

Posted in DUI
 I frequently check out Lawrence Taylor’s DUI blog for info on trends and tips on trying these tough, tough cases.  Check out his recent post that examines where we are headed with respect to drinking and driving: are we likely to take the "legal limit" even lower. Currently the magic number is .08% – but… Continue Reading

Just One Tool – Protecting Your Sixth Amendment Rights

Posted in Civil Rights, Constitutional Law, Criminal Defense, DUI, Fraud, Trials
The Sixth Amendment to the Constitution provides you with many of your most important tools at trial. It is intended to guarantee a fair trial to every person accused of a crime. Whether you are charged with DUI, a drug crime, a sex offense, fraud, manslaughter or murder, the Sixth Amendment helps us to get… Continue Reading