Idaho DUI / DWI Questions & Answers

Q: Does being put on probation before a conviction infringe on my 14th amendment right?

1 Answer | Asked in DUI / DWI and Constitutional Law for Idaho on
Answered on Mar 30, 2019
Kevin M Rogers' answer
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 that sentenced you. Even though you wouldn’t necessarily give up ANY rights by virtue of being convicted, a court can require you to waive your 4th A rights in order to get probation, as opposed to...

Q: Can I get out of a DUI ticket if it was an emergency? Like driving away from a natural disaster?

1 Answer | Asked in DUI / DWI for Idaho on
Answered on Oct 25, 2018
Kevin M Rogers' answer
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 in order to get the court to give the instruction.

Q: Am I required to submit to roadside tests if I'm pulled over on suspicion of drunk driving?

1 Answer | Asked in DUI / DWI for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
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.

Q: Do officers have to release my intellectual property (images) after car is impounded? Can they hold them from me?

1 Answer | Asked in Copyright, Intellectual Property, DUI / DWI and Products Liability for Idaho on
Answered on Jul 25, 2018
Peter N. Munsing's answer
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.

Q: Are there worse penalties if your blood alcohol test is high?

3 Answers | Asked in DUI / DWI for Idaho on
Answered on Apr 30, 2018
Jeffery Nona's answer
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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