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Idaho DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Idaho on
Q: I would like to file a motion to suppress blood draw evidence for illegal stop. I had been driving for less than a block

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... Read more »

Kevin M Rogers
Kevin M Rogers 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... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and DUI / DWI for Idaho on
Q: DUI and Injury to child Dismissed with prej. my kids taken 3 times license 2 times cps got involved police said immenant

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... Read more »

Kevin M Rogers
Kevin M Rogers 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... Read more »

1 Answer | Asked in DUI / DWI for Idaho on
Q: I blew a .206 and got charged with a excessive dui...Is there a possibility that my charge could get reduced to a

regular first time offense dui, since its so close to a .199 (which would not be considered excessive).

Christi Lynn Schofield
Christi Lynn Schofield 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... Read more »

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... 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 https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch80/sect18-8004c/

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