What is a DUI? Many people think that the crime of driving under the influence refers only to drunk driving. DUI in Idaho used to be called a DWI or driving while intoxicated. This denotation was changed to encompass what the law really covered. DUI is driving under the influence of alcohol, drugs or other intoxicating substance.
To legally operate a motor vehicle in Idaho, there can be no more than .08% alcohol in your blood stream (BAC). Depending upon your size this generally translates into 1-2 drinks over a one hour period. There is no legal limit of drugs or other intoxicating substances in your system. What this means, for example, is if you have smoked marijuana and you are pulled over on suspicion of a DUI, you will be found to have been driving under the influence if your blood tests positive for marijuana, regardless of when or how much you smoked. In regard to other intoxicating substances, such as cough syrup or prescription drugs, there is also no legal limit. This is not to say that you cannot operate a motor vehicle with these in your blood stream, but if there is a quantity in your blood stream such that your ability to operate a motor vehicle is impaired, then you can be charged with a DUI. The police would apply the same field sobriety test they use in a drunk driving stop to determine the extent of your impairment.
Of course, with all DUI stops the police must have probable cause to pull you over in the first place. This probable cause can range from failing to signal, failing to turn your lights on or weaving. With the first two the police may simply be doing a routine traffic stop for a moving violation, but if at that time you appear drunk, stoned or otherwise impaired, they can request that you submit to a field sobriety test.
If your BAC is below .08% or if the amount of prescription or over the counter drugs in your system do not rise to the level of "intoxication", you can still be charged with reckless driving if you exhibited poor driving and that was the reason for the original traffic stop.
If you have been charged with a DUI or reckless driving and need to speak to a Boise Criminal Defense Attorney, please give us a call and see what we can do for you. Call now, (208) 472-2383.
Boise Idaho DUI Lawyers - Criminal Defense Attorneys - Criminal Law
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