What Does the Prosecutor Have to Prove to Convict Me of DUI? - Probable Cause

PROBABLE CAUSE

Police officers must make a finding of probable cause to stop the driver of a motor vehicle in a DUI case.  If the officers lacked sufficient cause, any evidence obtained as a result of the stop, which would likely include all evidence except observations of driving, must be suppressed by the Court.  Any request for suppression must be made within 28 days of entering a plea of not guilty.  If probable cause for the stop existed, the prosecution still must justify the investigatory detention. Again, if there are insufficient facts to warrant detaining the driver beyond a temporary stop, then it may be possible to suppress the evidence. If successful, this will suppress all evidence but observations and statements made during the brief stop. Finally, if there existed probable cause to detain the individual for a field investigation, the officers still must show evidence of intoxication to warrant an arrest.   The prosecution’s failure to meet these standards of probable cause may result in a judge suppressing all evidence obtained after the driver establishes a failure to find probable cause.  Please consult an Idaho DUI attorney because there are also numerous Idaho and federal cases that interpret “probable cause”.

What Should You do If Stopped for DUI in Idaho?

If you are stopped and detained for a DUI in Idaho, these are some things that you can do to better help your defense of any potential DUI charges:


1. Answering Questions. You do not have to answer any questions the police officers ask. You can politely decline to answer questions without an attorney. Why? The only answers that will be included in the police report will be answers that tend to show you were driving under the influence.

2. Attitude and Cooperation. Always be courteous and cooperative with the police officers and politely decline to answer questions or participate in testing. Your attitude during the stop may affect your ability to get the charge dismissed or reduced.

3. Field Sobriety Tests. Decline to take the field sobriety tests (i.e. gaze nystagmus, walk & turn, one-leg stand) because you are not required to perform the tests and regardless of your condition the officers will probably conclude that you have failed the tests and find probable cause to request further testing.

4. Evidentiary Testing. Agree to take the evidentiary breath test, if your are confident you are under .08 blood alcohol content (BAC). Remember that any refusal of the handheld testing could result in a 1 year absolute suspension of your driving privileges. Also, any refusal of handheld testing could result in the police officer requiring a blood draw to determine your BAC.

5. Driver's License Suspensions - Request a Hearing. If you are cited for DUI and your license is suspended (this includes when your license is taken and a temporary permit issued) make sure you or your attorney requests a hearing before the Idaho Department of Transportation within 7 days to contest your suspension.

6. Personal Blood Test. If you have the resources, immediately upon release from police custody go to an available medical facility and ask for a blood test to determine your blood alcohol content, as these test generally are more accurate.

7.  Contact an Idaho DUI Attorney. Before seven (7) days have passed from being cited with a DUI, contact an Idaho DUI Attorney.  For charges in Pocatello, Blackfoot, American Falls, Soda Springs, Malad, Preston, Montpelier and the surrounding communities contact www.snakeriverlaw.com. For charges originating in other communities in Idaho contact the Idaho State Bar.