Idaho has stiff penalties when it comes to driving under the influence (DUI) offenses. The penalties for a DUI in Boise, Idaho can include jail time, fines, license suspension, mandatory rehabilitation programs, and more. This is why it is important to consult a Boise DUI attorney at the earliest if you have been charged with the offense.
A good DUI defense starts at the very beginning. The police officers are required to meet specific criteria when stopping you over suspicions of DUI in Boise. Any errors in the process of stopping, inspecting, and arresting you can be used to seek a dismissal of charges.
However, you must also play a proactive role in avoiding a DUI conviction. This can be done by following certain recommended steps in the event that you have been stopped for a DUI check. Here is a look at these recommended steps.
Slow Down As Soon As Possible
If you see a traffic stop ahead, slow down and stop. If a police vehicle has been following you and you hear the sirens and see flashing lights, you are being asked to stop. You should then stop as soon as you find a suitable place to pull over. Make sure you turn on the indicator before you stop so that the officer pursuing you knows you are about to stop.
Do Not Leave the Vehicle
It is important that you stay inside the vehicle once you pull over. If you step outside, an officer may construe this as an aggressive gesture. So it is best that you stay inside the vehicle. Your hands must be on the wheel or in the front at a location where they are both clearly visible to an officer.
Stay Calm
An officer will walk over to your vehicle and start asking you questions. The officer will also take this opportunity to examine the car to see if there is a smell of alcohol or if you have any alcoholic beverages in the vehicle. As the officer asks you the questions and looks your vehicle over after the DUI in Boise stop, make sure you stay calm and make no hurried moves.
Do Not Admit to Consuming Alcohol
If you have been drinking and driving, it is important that you don’t admit to consuming alcohol when talking to the police officer. If there is no other proof to inspect your car or make you undergo field tests, the officer may then have no other reason to keep you. If, however, you admit to consuming alcohol, this gives the officer enough reason to proceed with the DUI in Boise arrest process.
Do Not Take the Field Sobriety Tests
The Field Sobriety Tests are used by police officers to determine whether or not a driver is drunk. These tests are hard to pass, even when you are sober. Fortunately, you can refuse to undergo these tests. If you are asked to step outside the vehicle, you must do so. However, if the officer asks you to undergo the tests, you have the legal right to refuse.
Deciding Whether or Not to Take a Breath Test
If you refuse the Field Sobriety Tests, it is very likely that you will be asked to take a breathalyzer test. This involves blowing into a portable breathalyzer machine which then determines your blood alcohol concentration (BAC) level. The law does require that you should voluntarily submit to this test. A police officer can’t force you to take the test.
However, if you refuse to take the breathalyzer test, you have to face penalties regardless of whether or not you are subsequently charged with a DUI in Boise. As per Idaho Code 18-8002, you stand to face a fine as well as mandatory license suspension for refusing a breath test.
So whether or not you refuse a breath test is up to you. Even if you do refuse the breath test, a police officer may draw a blood sample for BAC testing. This sample must also be drawn voluntarily, or the officer must have a warrant to draw the sample. If the sample is drawn without warrant, your defense lawyer can seek to have the sample results removed from the evidence.
How Can a Boise Felony DUI Attorney Help You?
If you have been charged with felony DUI in Boise, Idaho, we can help you. Here at the Aaron Hooper, Attorney at Law, we work with you to prepare an effective defense against your DUI charge. In doing so, we carefully examine all stages of your DUI stop and arrest to see if there are any errors or misconducts. Our attorneys then use these to seek dismissal of charges or reduction of penalties. Contact us today to discuss your DUI case with our attorneys.