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Idaho DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Idaho on
Q: How many times can a officer make you take a breathalyzer

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?

William Jaksa
William Jaksa 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 take... Read more »

1 Answer | Asked in DUI / DWI and Constitutional Law for Idaho on
Q: Does being put on probation before a conviction infringe on my 14th amendment right?
Kevin M Rogers
Kevin M Rogers 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... Read more »

1 Answer | Asked in DUI / DWI for Idaho on
Q: Can I get out of a DUI ticket if it was an emergency? Like driving away from a natural disaster?
Kevin M Rogers
Kevin M Rogers 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... Read more »

1 Answer | Asked in DUI / DWI for Idaho on
Q: Am I required to submit to roadside tests if I'm pulled over on suspicion of drunk driving?
Kevin M Rogers
Kevin M Rogers 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.

1 Answer | Asked in Copyright, Intellectual Property, DUI / DWI and Products Liability for Idaho on
Q: Do officers have to release my intellectual property (images) after car is impounded? Can they hold them from me?

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... Read more »

Peter N. Munsing
Peter N. Munsing 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.

3 Answers | Asked in DUI / DWI for Idaho on
Q: Are there worse penalties if your blood alcohol test is high?
Jeffery Nona
Jeffery Nona 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

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