If you get charged with DUI in Boise, Idaho, you’ll need good defenses or you’ll be facing some pretty serious consequences. If convicted, you’ll definitely have your driver’s license be suspended. You’ll also have to pay hundreds or thousands of dollars in fines. You could even face jail time, depending on the circumstances.
As soon as you get to the police station, you need to call an experienced DUI lawyer in Boise, Idaho. If you can’t make the call yourself, have a family member do it for you. There is also a lot that can happen early in your case. These things can make the difference between being convicted and having your charges dismissed.
When you first speak with your DUI defense lawyer in Boise, he’s going to ask you what happened. Be honest and upfront with him. Depending on what you tell him, he’s going to proceed in one of a few ways.
A few things determine your lawyer’s approach. These things include:
- How high was your BAC?
- Were you in an accident at the time of your DUI arrest?
- Is it your first offense?
- Did you admit to being drunk or to have been drinking?
- What does the video show?
Depending on these things, your lawyer will do one of three things:
- He’ll talk to the prosecutor and ask to have the charges dismissed
- Also, he’ll demand a copy of the info the State has
- He’ll ask for the breathalyzer machine to be calibrated and sent out to be examined
Regardless of any of this, you need a lawyer. You don’t want to handle this yourself. So call a Boise DUI lawyer right away.
The Cops Shouldn’t Have Stopped You in the First Place
In order to charge you with DUI, the cops had to have stopped you in the first place. Your lawyer will look to see what the reason for the stop was. If the cops did not have a legitimate reason to stop you, then anything that happened afterward can’t be used in court.
There is a doctrine called the “fruit of the poisonous tree.” This means that if the traffic stop was not legal, neither was the search or seizure the followed it. Having you complete a field sobriety test or taking a breathalyzer is considered a search and seizure.
If the cops didn’t have the right to stop you, the results of these tests have to be thrown out. Some of the reasons your Boise DUI lawyer will argue the stop wasn’t valid include:
- They pulled you over based on your driving a sports car
- They were parked outside of a bar parking lot and pulling cars over at random
- It was an illegal roadblock
If any of these defenses holdups, the DUI charges will have to be dismissed.
The Breathalyzer Machine Wasn’t Working Properly
If you blow over the .08 required for a DUI, you will be arrested. This is the legal limit in Idaho. However, just because the machine shows you’re over the .08 doesn’t mean your Boise defense lawyer won’t argue the machine wasn’t valid.
Your lawyer will demand to see the machine’s calibration levels. He can also ask to see how often the results of the machine have been challenged. If he can prove that the machine is unreliable, he’ll demand that the results are thrown out and the charges are dismissed.
Field Sobriety Test Was Improper
One of the most common defenses to DUI is that the field sobriety test wasn’t conducted properly. There are a few arguments your Boise DUI lawyer can make, including:
- You were on medication that made it difficult to do the test
- You were overtired and that is why you performed poorly
- The instructions were unclear
- You actually did perform well on the test despite the officer’s report
- You asked for the officer to clarify the instructions and he failed to do so
- Also, you didn’t understand the instructions and voiced this concern
If any of these apply in your case, your lawyer will demand that the charges be reduced or dismissed. Since the field sobriety test is videotaped, your lawyer will have a chance to review exactly what took placing during the test.
Contact a Boise DUI Lawyer Today
Lastly, if you’ve been arrested for DUI, there’s a lot at stake. You could be facing jail time and hefty fines. You’ll also be facing a suspension of your driver’s license. This is almost a guarantee. You’ll want to call an experienced DUI lawyer in Boise to defend you. Your lawyer will talk to the prosecutor and try to get the charges reduced or dismissed. He’ll look to see if any of the above defenses apply to your case.