Asked in Criminal Law, DUI / DWI and Civil Rights for Idaho

Q: If you pass the field sobriety and breath tests can an officer push for a forced draw?

blew 0.00 and was still given a forced draw, then charged and brought before a judge with our the results from the lab.

1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: There are 2 sanctioned ways the State can prosecute a DUI. The definition of Driving Under the Influence, is when a driver is seated in the driver's seat with the motor running, and "under the influence" of an intoxicant.

Idaho also as adopted a .08 level of alcohol so as to use that as one of the ways they can prove without a doubt, that you were "under the influence." The other way, a harder way, is to prove, without an intoxilyzer level document, is to prove, through a witness or the cop following you, that the WAY you were driving, led them to pull you over and gave them a "reasonable suspicion" that you were driving while intoxicated. The State has the right to give you a test "of their choice." If you are willing to take that test, then the law gives YOU the right to request a blood test. Most accurate testing is done by blood. It also will detect the levels of benzodiazapram or MJ, or any other "possible intoxicant." You may have felt fine to drive, but the prosecutor will put on all the video and testing evidence they have, which will prove to a jury "beyond a reasonable doubt," that you were driving under the influence of something. Good luck to you!

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