How Will a Boise DUI Lawyer Defend Me?

Getting charged with driving under the influence doesn’t have to be the end of the world. While there are negative consequences associated with even the accusation of drunk driving, a charge doesn’t mean that you will be convicted. If you are facing Boise DUI charges, you need to contact an experienced Boise DUI lawyer for representation. They will study the facts of your case and come up with the best defense. Each case is different but there are certain defenses that attorneys in Idaho tend to use. We’ll discuss some of them in this post.

Common Defenses Against Boise DUI Charges

It’s important that you tell your lawyer everything that happened from the moment that you were pulled over for your Boise DUI charge. If any of your interactions with the police were unlawful, the state’s case against you will be much weaker. Your lawyer may even be able to get the charges dropped. Here are some of the possible defenses.

The Officer Didn’t Have Reasonable Suspicion for Pulling You Over

Even though it may seem that way, police officers can’t pull you over without a reason. They need to have reasonable suspicion that you were committing a traffic violation or a crime. If you were driving above the speed limit or your taillight wasn’t working, they would have grounds for pulling you over. If your vehicle matched the description of one that was stolen or involved in a crime, the officer would also be justified in stopping you.

However, if you were just weaving within your lane, this wouldn’t justify a traffic stop. If the officer didn’t have a good reason for stopping you, your attorney may be able to get your case dismissed. Even if your BAC was above the legal limit, any evidence the officer obtained would be inadmissible if the stop was unlawful.

The Field Sobriety Test was Inaccurate

Field sobriety tests are very controversial and even people who are sober can fail. If the officer didn’t properly administer the test or the results were inaccurate, the court may rule that the arrest was improper. The officer may have neglected to give you clear instructions or threatened or intimidated you. If so, they may have been breaking protocol. Meanwhile, if the officer asked you to do the walk-and-turn while you were wearing high-heeled shoes or administered the one-leg stand while it was raining, the results may be inaccurate.

The Breathalyzer Test Administered at the Scene Was Inaccurate

A Boise DUI defense attorney can also challenge the way in which the portable breathalyzer test was administered. If the officer wasn’t properly trained in using the device, they may have gotten a false reading. Also, the reading may have been due to traces of alcohol left behind by mouthwash, cold medicine, or chewing tobacco.

The breathalyzer is supposed to measure the level of alcohol in your deep lung air. However, the sample could come from the mouth, throat or stomach. Since alcohol can also be regurgitated because of acid reflux or other health issues, this can also lead to a false reading.

Your Blood Alcohol Levels Increased by the Time You Reach the Station

If you are arrested after you take the portable breathalyzer test, you’ll get another test at the police station. Sometimes, drivers blow a reading that’s under 0.08 percent at the scene but when they get to the station, their BAC is over the limit. That’s because it takes some time for alcohol to be fully absorbed into the bloodstream.

The charge should be based on your BAC while you were driving so it’s possible that your case could be dismissed under these circumstances. However, you need to remember that you can be convicted of a DUI even if your BAC was below 0.08 percent. As long as your driving was impaired by alcohol, you can be found guilty regardless of your BAC.

Get Help from the Attorneys at the Trilogy Law Group

These are just some of the defenses that a DUI attorney in Boise can draw on to assist a client. Depending on the circumstances surrounding your arrest, there may be other tactics your lawyer can use. It’s important that you contact one of our attorneys as soon as possible after your arrest so we can begin to work on your behalf. The penalties associated with a Boise DUI can be harsh so if we can get the charges dismissed, we’ll do so. Otherwise, we’ll do everything we can to get you the best possible outcome. Contact us to schedule a meeting with a member of our experienced team.


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