DUI arrest and blood test expungement, Idaho Falls, Idaho.

I recently represented an individual who was arrested for DUI and requested a blood draw.  Since the blood draw process in Idaho Falls, Idaho takes at least three months, the person was arrested and had to wait for his results before resolving the case.  Luckily for him the blood results came back at .03, under the legal limit of .08.

A person is entitled to expungement under Idaho Code 67-3004 which states:

"Any person who was arrested or served a criminal summons and who was not charged by indictment or information within one year of the arrest or summons and any person who was acquitted of all offenses. I. C. § 67-3004."

The prosecutor agreed to dismiss the case but the problem remained that the arrest was still on the person's record.  The issue we were confronted with was the individual "acquitted" for the purposes of the statute?  

We brought the motion in front of the judge who, fortunately for the client, ruled the dismissal was "based upon the facts", allowing my client's record to be expunged with the state of Idaho.

Expungement in Idaho is difficult and even if your cased is dimissed you may not be eligible for expungement.  You will want to make sure, if you are eligible for dismissal, to request the court make the determination based upon the facts and place that in the order.