Get free answers to your DUI / DWI legal questions from lawyers in your area.
answered on Dec 27, 2022
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... View More 
blew 0.00 and was still given a forced draw, then charged and brought before a judge with our the results from the lab.
answered on Sep 9, 2022
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... View More
I got to duis in wyoming in 2005 and then moved to va and had a valid drivers licence then va issued me a licence then let me have it for a prosment 5 mins then suspended it
answered on Oct 13, 2021
Most states respect other states' laws, as long as judgments were rendered with die process. VA issued you a valid DL for 5 minutes. That's actually a much shorter time than I would have guessed, with high speed computers and other means of transmission. Once VA discovered your DL status... View More
I did not swerve, forget a signal, speed or do anything illegal. They stopped me because I told my ex I was feeling suicidal. They immediately told me to get out of the car. I told them I was okay and just wanted to go out for lunch and was going to call the crisis line after I ate. They asked if... View More
answered on Sep 7, 2020
You can file a Motion to Suppress evidence. However, the "reason" you were pulled over you explained, was your ex apparently called 911 and explained that you were suicidal? That call gave officers "reasonable suspicion" that "if located while driving," your condition... View More
Police filed immenent danger to cps without giving me time to find them some one to pick them up from school. pulled over at 1030am. no kids in car. in jail I contacted kids step sister parents and they were gonna pick them up. cps said no and picked them up because police said there in imminent... View More
answered on Jul 6, 2020
Police didn't HAVE TO take the kids. Police COULD HAVE allowed you to pick them up or actually HELP you find a family member who could pick the kids up, BUT THEY DON'T HELP! THEY PUNISH and PUNISH and PUNISH you! YOU'RE A BAD DAD!! WE'RE GOING TO EVENTUALLY LET YOU HAVE YOUR... View More
regular first time offense dui, since its so close to a .199 (which would not be considered excessive).
answered on Feb 25, 2020
It's possible to get it reduced but in no way guaranteed. The possibility depends on several factors, such as prior criminal history (not just prior DUI history), the facts of the case, what your other blow was (you should have two separate blows), cooperation with law enforcement, etc. If the... View More
If stopped and asked to take a breathalyzer and I do my numbers are under the legal limit. Can they make me take it again?
answered on Sep 9, 2019
Yes. Many jurisdictions allow or require officers to re-administer the test again. The officer will need to justify in court why they needed to re-administer the test, which may call into question the officer's ability or indicate another problem. In my jurisdiction, officers are required to... View More
answered on Mar 30, 2019
Not automatically. If you’re a citizen of the United States you won’t give up the 14th Amendment rights you have simply by being convicted of a felony. However, to be certain that you haven’t been “required” to give up your 4th Amendment rights, particularly for drug crimes, by the court... View More
answered on Oct 25, 2018
There is an affirmative defense called “necessity.” It requires YOU to prove that there was literally NOTHING else you could have done; such as getting a ride with someone else or leaving earlier so you hadn’t been drinking etc., so you can see that it is quite a hill you’ll need to climb... View More
answered on Oct 10, 2018
If you mean the roadside walk & turn, HGN and 1-leg stand? No absolutely you are NOT required to take those tests and I do not recommend cooperation of any kind.
I was pulled over for having a license plate light out and issued a DUI. I was not arrested but car was towed and impounded, and later searched. I have contacted them several times about getting my hard drives and computer out of the car because I am a professional photographer and I'm already... View More
answered on Jul 25, 2018
Contact an attorney experienced in DUI in the county where you are charged. You'll need him for the DUI and she can advise you on this aspect. They'll work out payments.
answered on Apr 30, 2018
If your blood alcohol comes back as excessive there are additional penalties. In Idaho an excessive BAC is 0.20 or higher. You can read the statue here https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch80/sect18-8004c/
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