Monday, October 31, 2011

To Blow or Not To Blow - That is the Question - Boise Criminal Lawyers - DUI and Brathalyzer Considerations

As a Boise Criminal Lawyer I repeatedly hear from clients who have been charged with a DUI that they didn't blow (on the breathalyzer) because they thought without a breathalyzer reading the police wouldn't be able to prove they were intoxicated.

Unfortunately, this is not the case.  While it is true that you cannot be charged with a DUI without the proper evidence to prove you were intoxicated, people don't often realize that the police can acquire that proof via a blood test.  This isn't forced or without consent because when you get your Idaho driver's license you agree to allow the police to check for the presence of alcohol or drugs in your blood if you are suspected of driving under the influence.

So, to blow or not to blow?  What's at stake?  If you know you have been drinking and you know you probably have more than .08% BAC, it often makes more sense to go ahead and blow.  While refusing may buy you time, until you get to the police station and have your blood drawn, you stand to get an automatic one year license suspension if your BAC comes back greater than a .08%.  Compare this with the actual first time DUI maximum license suspension of 180 days (with the first 30 days being absolute).

So, does it ever make sense not to blow?  This is a risky gamble because you don't know exactly what your BAC is.  If at the time you were pulled over your BAC was just barely over .08 not blowing might mean the difference between reckless or inattentive driving and a DUI.   Or, if your BAC is just barely over a .2 (excessive DUI), waiting and allowing your BAC to go down while you are waiting for a blood draw, might mean the difference between an excessive DUI and a regular DUI.

Because you will not know your actual BAC and because you stand to lose so much, it probably makes more sense to blow.  Not blowing can lead to even greater and more serious consequences than taking your punches upfront.  Being without a driver's license for 1 year can seriously impede your life.

If you have found yourself in this situation and you need to speak to a Boise Criminal Lawyer, give us a call and see what we can do for you.  (208) 472-2383

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