Caldwell, ID asked in DUI / DWI for Idaho

Q: If a person is placed in vehicle while overdosing can they get a dui

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • DUI & DWI Lawyer
  • Boise, ID
  • Licensed in Idaho

A: No. To commit a crime in Idaho, requires that it be done willfully. The word "willfully," when applied to the intent with which an act is done or omitted, implies simply a "purpose or willingness" to commit the act referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage. If your friend was "placed" in the car, when it was running, he did not do this "willingly." If he was he placed in the driver's seat with the engine running? Why? If it was to keep him warm and keep him from freezing to death in the cold, why place him in the driver's seat? Idaho Code 18-8004 requires that in order for the the driver of an automobile to be charged with committing the crime of DUI, he must be in the driver's seat, with the engine running. If he was "placed" in the driver's seat by someone else, perhaps THAT person is guilty of making it look like your friend was driving.

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