In Idaho, you don't only have to deal with the law, you have to deal with the science behind the testing process.
Idaho statutes govern when a police officer can pull you over, what they have to do in order to charge you with a DUI, what they have to do in order to think you are under the influence, what training they have to have in order for the test to be valid, what tests the machines must undergo for the machines to be deemed valid, and countless other things. If you think dealing with a DUI on your own, think again. There are so many variables to consider and just one of the many could go wrong and your case is sunk.
One of the questions that we have to answer is, Did the cop have justification to stop me in the first place?
When someone receives a DUI charge, the police must have suspected the individual of something in order for them to pull that person over. In other words, did the cop have probably cause. In most circumstances, the cop will just say he saw you swerving, you were speeding, or someone randomly called you in. In all of those situations, we need to determine whether we can fight the initial stop. That requires us to dive deep into your case and the evidence that the prosecutor is going to use to try and convict you of driving under the influence in Idaho.
The prosecutor has to prove the case under Idaho law, and the prosecutor gets the information from the cops.
So, as mentioned earlier, a cop has to follow the book when he pulls you over, gives you the field sobriety test, the breath or blood test, and reading you your rights. The prosecutor will take all of that information and try to prove you committed the crime of driving under the influence. In order to do that, the prosecutor must prove:
The requirements may not sound too strict, but within those two elements are subtleties that we have been trained to look for, find, and fight.
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Our firm and lawyers are one of the only lawyers and firms in Idaho that are members of the highest and most dedicated organization to fighting DUI charges, the National College of DUI Defense. Every year, we schedule and attend training specifically to up our game when it comes to DUI Defense. There are other lawyers that claim to be members, but check the roster on the site, their membership badges are not correct. Trust the lawyers that take DUI defense serious.
3023 E. Copper Point Drive, Suite 204
Meridian, ID 83642
950 W. Bannock St., Suite 1100, Boise, ID 83702