In Idaho, drunk drivers can face lesser charges if their blood-alcohol content reading indicates an impairment. Under these laws, the officers can arrest the driver for DWI even if they don’t qualify for a DUI and have a blood-alcohol content reading of less than 0.08 percent. A DWI Attorney in Jerome ID provides legal avenues for these drivers to fight a conviction.
Did the Officers have Probable Cause?
According to the law, any officer who stops a vehicle in traffic must have probable cause. This indicates that the driver committed a moving violation such as speeding, reckless driving, or driving too slow. If the driver did not commit a moving violation that would lead to a suspicion of drunk driving, the officers didn’t have probable cause, and it was an unlawful traffic stop.
Was the Breathalyzer Device in Proper Working Order?
All law enforcement agencies are required to perform tests and maintenance on their breathalyzer devices, and a failure to comply could lead to inaccurate testing results. For this reason, a conviction can be avoided if a blood test wasn’t performed, and the only evidence is a breathalyzer test. The attorney can file a request to access the maintenance log for the device used.
Was the Vehicle in Motion Prior to the Arrest?
An officer cannot stop and/or arrest a drunk driver simply because the vehicle was running. If the vehicle wasn’t running and the defendant was behind the wheel, this does not constitute driving while intoxicated. As long as the driver doesn’t operate the vehicle, they are not guilty of this infraction.
When is the Defendant Guilty of Public Intoxication?
During a traffic stop, the driver isn’t required to get out of their vehicle, and their Miranda Rights entitle them to an attorney before any tests are performed. If the driver has been drinking and isn’t guilty of a DWI, he or she can be charged with public intoxication if they exit the vehicle. Once they exit their private property (i.e., the vehicle), they are considered in public, and the officer can arrest them.
In Idaho, drunk drivers can face multiple charges if they have a detectable blood-alcohol content reading. Any reading under 0.08 percent can be considered a DWI, and any reading that is above this reading is a DUI. Defendants who need a DWI Attorney in Jerome ID can visit our website now.