Friday, August 24, 2012

Boise DUI Attorneys - Criminal Defense Lawyers (208) 472-2383

Every year in Idaho well over 10,000 people are arrested on DUI charges.  As a Boise DUI Attorney, I see a fair number of individuals who fit within this statistic.  Some of these people flat out admit to driving while under the influence.  Many will say, "I only had a few beers, there's now way I was drunk" and still others will say, "The cop had no reason to pull me over".

The Idaho Transportation Department offers some advice on DUI and DUI stops in Idaho.  They say that there are some key activities that the Boise Police and all police in Idaho look for when determining if they have probable cause to pull someone over on suspicion of driving under the influence.  In general they say that people who are driving drunk make wide turns, cross lines, weave or swerve, stop for no reason, drive too fast or too slow and/or have a delayed response to things like traffic signals.  While I know a few really bad drivers who fit this profile stone cold sober, most people don't drive this way unless they are somehow impaired or distracted.

What happens if you are driving this way and you haven't been drinking?  There are several possibilities that I see regularly as a Boise Criminal Defense Lawyer.  Firstly, when you drive this way you give the police a reasonable suspicion that something is going on in your vehicle that shouldn't be happening and thus they can pull you over.

So what types of things do they find?  A very frequent scenario I see in the role of criminal lawyer is driving under the influence of drugs.  Now this may mean illegal drugs, over the counter drugs or prescription drugs.  Obviously, if you have illegal drugs in your system you will be charged with a DUI and possibly possession and any other derivative of that based upon what evidence the police find.  If you have over the counter drugs or prescription drugs in your system you may or may not be charged with DUI.  These cases tend to turn on evidence provided by a physician.  As a defendant what you need is for a doctor to say that the amount of that drug you had in your system would not have impaired you and that you should be able to drive with that amount in your system.  If you can't show this you can be charged with a DUI.

Even if you can show that the amount of drugs in your system didn't effect your driving, you might still be charged with a crime.  Reckless or inattentive driving is another situation I see regularly as a Boise Criminal Attorney.  Those wide turns mentioned about might endanger children in a school zone or speeding through a neighborhood could constitute a reckless disregard for human life.

Another fairly new scenario is texting while driving.  This isn't so much of an impairment, rather it is a distraction.  If you are texting while driving you may only be cited for TWD.  You, however, depending upon the level of your distraction and whether or not you cause harm, may also be charged with reckless or inattentive driving.

The long and short of it is that those signs the police look for to establish cause to pull you over on a DUI can also lead to other criminal charges, because, like I mentioned above, I know some really bad drivers, but...

If you need a Boise DUI Attorney or an Idaho Criminal Defense Lawyer, give us a call and see what we can do for you, (208) 472-2383.  Call now - you will be glad you did.

2 comments:

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