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How Does the Prosecutor Prove I Was Under the Influence of Drugs at the Time of My DUI Arrest in Boise?

Home » Blog » How Does the Prosecutor Prove I Was Under the Influence of Drugs at the Time of My DUI Arrest in Boise?

A lot of people think DUI laws are only for drinking and driving. This is not the case. DUI laws in Idaho prohibit you from driving under the influence of alcohol or drugs. With the growing epidemic of heroin use and the abuse of prescription drugs, these laws are being enforced harder than ever before.

In Idaho, you can be charged with DUI if you’re found to be driving while under the influence of alcohol, illegal drugs or prescription drugs. It has to do with the fact that you are impaired. It’s not as important what substances you’re taking to become impaired.

If you get pulled over and the officer believes you’re under the influence of drugs, you can be charged with DUI. Some of the most common drugs associated with DUI are:

  • Marijuana
  • Cocaine
  • Heroin
  • Methamphetamines
  • Prescription drugs

If you are pulled over for DUI and appear intoxicated by any of these substances, you can be arrested.

Your DUI Attorney in Boise Will Challenge the Officer’s Indicators of Intoxication

In order to be charged with DUI in Idaho, the police officer must witness at least three (3) indicators of intoxication. Of course, all of these are subjective. That is why it’s important that the officer have a video of your arrest.

Idaho law offers the following indicators of intoxication:

  • Odor – If an officer smells drugs on your body or in your car, he can presume that you are under the influence of drugs.
  • Slurring Speech – If you are slurring your speech while answering the officer’s questions, he can infer that you are under the influence of drugs.
  • Red Eyes or Dilated Pupils – A common indicator of drug use is red eyes or dilated pupils. If an officer notices your eyes are bloodshot, watery or pinpoint, he may arrest you for DUI.

An officer is supposed to use his training and common sense when determining that a person is under the influence of drugs or alcohol. Evidence of his field sobriety test and road interview should be captured on video. Your DUI defense attorney can reference this video in trying to build your defense.

Can My DUI Attorney in Boise Challenge a Blood Test?

Technically, the police can require you to submit to a blood test if they suspect you’re under the influence of drugs or alcohol. A lot of people don’t realize that every state has something called an “implied consent” law. This means that by accepting a driver’s license, you agree to take a blood, breath or urine test if you’re suspected of DUI.

If you refuse to take these tests, your license will automatically be suspended for anywhere from 3-12 months. This is true even if you are found not guilty of the charges.

Your DUI attorney in Boise can challenge the accuracy of these tests. Obviously, a breathalyzer won’t be used to test for drugs. However, the officer can rely on either a blood or urine test. Here are some defenses he can raise to both types of drug testing:

  • Blood – This is the most accurate type of testing. However, your lawyer can still challenge the results. He can argue that the blood samples weren’t handled properly. He can also argue that your sample has been tainted somehow.
  • Urine – Because urine is not the most accurate type of test, most officers won’t even bother using them. However, if they do, your lawyer will be able to attack the accuracy of your test.

Keep in mind – the time that goes by between your being pulled over and taking the test matters. Some drugs are diluted in your body quite quickly. Or, if it’s been some time since you ingested the drug, your test may come up clean.

Contact a DUI Attorney in Boise if You’ve Been Charged with Driving Under the Influence of Drugs

A lot of people think that they only way they can be arrested for DUI is if they’re drunk. Most officers don’t carry mobile drug tests. A lot of people also think they can’t be arrested for driving under the influence of prescription drugs. This is false. If you don’t take your medication as prescribed or abuse your pills, you can certainly be charged with DUI.

Call and schedule a consultation with an experienced DUI attorney in Boise today. You could be facing stiff fines and even jail time if you’re convicted of DUI. Your lawyer has years battling DUI charges. Let him help you get your charges either reduced or dismissed.


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