Idaho Law Blog
By Richard J. Blok, Idaho Criminal Defense Attorney
Getting pulled over by the police for any reason ruins your day. Getting pulled over for a DUI investigation is even worse. Sometimes, people pass a breathalyzer and still get arrested for DUI – It seems crazy, but it happens. If police suspect someone is high on drugs, or drowsy from prescription drugs they can get an order from a judge to have your blood drawn. Results from blood draws take weeks, in the meantime you’ll get arrested, spend a night in jail, and could be facing serious criminal charges. Even if you did nothing wrong, you could be facing a DUI charge. On top of that, an overly aggressive prosecutor could push the charge, and try to force you into a plea. It’s important to have someone in your corner to help you stand up against bogus charges. If you have been charged with a crime in Idaho, the lawyers at Racine Olson, PLLP can walk you through every step and prepare you for the best defense possible.
What a DUI Investigation Looks Like & What to Do
First you get pulled over. Use your blinker, pull over when it’s safe. Once you have pulled over, roll down your window, turn off your engine, and put your hands on the steering will.
Second, the cop will approach your car and ask for your license and registration. Keep these items in a place where they are easily accessible. Make sure the cop can see your hands at all times. It is ok to tell the cop basic biographical information, your name, where you live, etc. Be polite and calm.
Third, the cop will ask you “do you know why I pulled you over?” The proper response in “no, why did you pull me over?” If they keep asking you questions like, “where are you headed,” “what have you been doing,” or “have you been drinking tonight,” tell them “I am not discussing my day.” It is important to know, you have to follow orders, but you don’t have to and should not answer questions.
Fourth, at some point the cop will ask you to exit the vehicle – do it. Then they will start field sobriety tests (FSTs) which are mandatory in Idaho. They will start by asking you questions about your ability to perform the tests. Not only is it ok to answer these questions – it’s a must. Make sure to mention all of your injuries, if you’re sick, but do not tell them about medications you’re on. (“I would rather not answer” is a good response). FSTs include the one-leg stand, walk-and-turn, and alcohol gaze nystagmus. Don’t worry, you are going to fail the tests. FSTs are designed for you fail, and have no basis in scientific fact.
Police at this point may ask to search your car. Never give them permission to search your vehicle. If they ask to search, or say “can I look in the back,” or anything similar, tell them, “You do not have my permission to search.” They might do it anyway, but this statement gives us an opportunity to suppress the search in court.
Fifth, after you have failed FSTs you’ll be asked to take a breath test. In general, it’s best not to refuse a breath test (there are exceptions to this rule). You may get transported to the police station, or have the test done in the back of the police car. They will read a form, or play a recording, then have you wait for 15 minutes. You’ll have to blow at least twice, do your best to complete the test.
I Passed But I’m Still Getting Arrested
Once an officer has been through the whole process of a DUI investigation and comes up short, they have trouble letting it go. Some cops convince themselves that you must be impaired, even when you’re not. When that happens, you’re in trouble. Again, do not answer questions, but do cooperate with orders.
Police can get an order from a judge to have your blood drawn. Sometimes they will take blood at the station, but usually they take you to the hospital. That blood sample will then go to the state lab and about 4-6 weeks later a report will be generated.
In the meantime, you are going to jail. Again, follow orders, be polite, be calm, give them biographical information, but don’t talk about your day. If they continue to question you invoke your 5th amendment rights and ask for a lawyer. Typically, you’ll spend a night in jail and have an arraignment the next day. If you can, have a friend or loved one call us 208-232-6101 right away. If not, here is what to do: At arraignment the judge will read the charges, ask some questions about your rights, and ask for a plea. Answer the judge’s questions, plead NOT GUILTY, and do not talk about the facts of the case. The judge will usually release you, or set a very low bail.
Once you get out of jail go get a lawyer! The Idaho Criminal Defense Lawyers at Racine Olson can help you out with any criminal charge. Call us at 208-232-6101 to speak to Racine Olson, PLLP’s team of criminal defense attorneys.
Fighting the Lab Report
Just because the cop thinks you impaired because of medications or illegal drugs doesn’t mean you are. Each case is unique, and the exact way we fight each case is different. In other words, we develop an individualized strategy based on your specific case. That being said there are two main ways we fight these cases. First, if there are prescription medications in your system, we work to prove that you are actually prescribed those medications, that you were taking them in the proscribed amount, and that they did not make you drowsy or otherwise unable to drive.
Second, in order to get evidence from the lab report into court the prosecutor will need an expert witness. Expert witnesses are expensive, hard to schedule, and generally not worth it in a case where the Defendant has blown below the legal limit. Usually, we can settle these cases prior to trial, but sometimes this can become a game of chicken. It’s important to understand the risks, keep your cool, and make informed decisions about your case with the assistance of counsel.
Contact Us
The knowledgeable, experienced, and diligent attorneys at Racine Olson, PLLP are here to help you and your family when you need it the most. Whether a misdemeanor or felony, our Idaho criminal defense attorneys are prepared to guide you through the legal process and fight for you at every turn. Call us at 208-232-6101 for a free consultation with the Racine Olson, PLLP team of criminal defense attorneys. You can also email me directly at richard@racineolson.com. We stand ready to answer your questions and help solve your criminal defense needs.