Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

Information and Insight on Criminal Law and Civil Rights

Archives: DUI

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Idaho Criminal Defense Blog Is About Content – Free Information For You On Criminal Defense In Idaho

Posted in Assistance of Counsel, Civil Rights, Civil Trial Practice, Constitutional Law, Criminal Defense, DUI, Hire a Lawyer, Trials
Have you noticed how many attorney websites are all about the lawyer and pay no attention to the information that people charged with criminal matters are looking for? Most lawyer websites scream: "Hire me! Do it now! You might go to prison if you don’t act within the next hour! Call me now!" I hate those… Continue Reading

BAC Report Not Admissible Without Live Lab Analyst – This Changes Everything For DUI Cases

Posted in Constitutional Law, Criminal Defense, DUI
 In an odd combination of Justices, the United States Supreme Court has ruled that the 6th Amendment right to cross-examine and confront witnesses against you includes the right to question the lab analyst who tested your breath for alcohol in a DUI case. Justices Ginsberg, Scalia, Sotomayor, Thomas and Kagan joined in the majority opinion… Continue Reading

The Machine Lies. At Least In Philadelphia.

Posted in DUI
 For about thirty years I have been trying criminal and civil cases. I am, as a result, a skeptic.  Consider this news from the City of Brotherly Love – and the scientific marvel that is the Breathalyzer.  It comes to us from Philly.com: Philadelphia To Review All Breathalyzer-DUI Cases From 15 Months Philadelphia, PA. March… Continue Reading

Should You Take the Field Sobriety Tests?

Posted in DUI
 Suppose that you have been out at a bar. It is 1:30 a.m. and you are headed home. An officer sees you struggle as you get into your car and start the engine. He thinks you may be impaired. Fair assumption when you add the facts up – right? So before you can drive away,… Continue Reading

Should You Take The Breathalyzer?

Posted in DUI
 Usually when I get this question, the person asking has already either taken or refused. Monday morning quarterback time: "should I have blown?" The answer depends on you and whether you hope to keep your license.  First – a few words about drinking and driving. In 1999 the government reports there were 42,000 traffic deaths.… Continue Reading

Idaho Court of Appeals Upholds Warrantless Search of Car – Just Like The United States Supreme Court Did

Posted in Constitutional Law, Criminal Defense, DUI, Search and Seizure
 A recent Idaho Court of Appeals decision follows recent United States Supreme Court precedent, allowing a search of a car incident to arrest, even if the defendant is in custody at the time of the search, and unable to reach into the vehicle at the time of the search. The Idaho case is State v.… Continue Reading

Tell Me About the Ignition Interlock

Posted in DUI
 I had a call this week from someone who wondered if the court would require him to have an ignition interlock placed on his car as a result of his plea of guilty to a second DUI.  The answer is – probably. The law provides for the use of the interlock – which is an… Continue Reading

Idaho State Police Summary of DUI Law

Posted in DUI
 I just googled DUI Idaho and found this great pdf file that you can download and print here.  Although it is a little "schmaltzy" it still summarizes the Idaho DUI law.  So check this out if you are now facing a DUI or interested in gettting a better handle on the law.… Continue Reading

Help – 21-Year Old Kid Is Charged With Felony DUI!

Posted in DUI
 Got a call today from a nice lady whose son (21 years old) is charged with Felony DUI.  What might someone expect from a felony DUI?  IF guilty, a typical sentence in Ada County would likely include 120 to 150 days in jail – real time – not community service or SILD.  Add to that… Continue Reading

Idaho DUI Arrests Double

Posted in DUI
 Just how busy are Idaho’s law enforcement officers this time of the year?  As my Dad used to say, "busier than a one-legged man at a butt kickin’ contest." The Idaho Statesman reports that Idaho DUI arrests have doubled over the past five years, the average number of arrests has risen to around 600 per year,… Continue Reading

Idaho DUI Laws May Get Tougher

Posted in DUI, News
 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… Continue Reading

Five Questions To Ask The Lawyer Before You Sign That Retainer

Posted in Assistance of Counsel, Criminal Defense, DUI, News
 Tis the season for increased traffic patrols – and DUI arrests in Boise, Idaho.  The Statesman reports that between Friday night and Sunday afternoon forty-nine persons were arrested and charged with driving under the influence of alcohol or drugs. Suppose for a minute that you are one of those forty-nine. Any criminal charge is expensive… Continue Reading

Politics of DUI – That Deck Is Stacked Against You

Posted in DUI
If you have been arrested and charged with DUI (driving under the influence), you may think your chances of winning your case are good.  You are presumed innocent.  The prosecutor must prove his or her case by legal and competent evidence establishing guilt beyond a reasonable doubt. You can remain silent and rely on your… Continue Reading

Sitting In Your Car Under The Influence (DUI)

Posted in DUI
I had a question this week about driving under the influence of alcohol or drugs: "Do I have to be driving to be guilty?"  Survey says – NO!  Idaho, like virtually every other state makes it a crime to be under the influence and to drive or be in actual physical control of a motor… Continue Reading

Choose Your Lawyer Wisely

Posted in Criminal Defense, DUI
I was just looking at Virginia Attorney Bob Battle’s website, and his advice on choosing a lawyer to represent you if you are charged with driving under the influence.  The advice makes sense whether you are headed to court in the great South or the Northwest.  Survey says:  choose wisely!  As a client in a… Continue Reading

Boise DUI – when is defendant arrested?

Posted in DUI
I had this issue again, yesterday, in a Boise DUI (driving under influence) case before an Ada County Magistrate Judge.  The answer may not be as simple as the City of Boise would argue.  They contend that an arrest does not occur until the handcuffs are on the defendant – and that usually does not… Continue Reading

Miranda Alive And Well In Idaho

Posted in Constitutional Law, DUI
The Idaho Court of Appeals has ruled that a police officer must give Miranda warnings to the driver of a car after finding drugs in the car, when he has been sufficiently treated like he is in custody, and not simply the subject of a traffic stop.  In State v. James, a divided Court held… Continue Reading
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