The Sixth Amendment to the Constitution is the part of the Constitution which protects many of your rights when you go to trial. The Sixth Amendement guaranteess the right to a fair trial no matter what crime you are charged with. The Sixth Amendment applies equally to a DUI charge.
You have a number of important rights guaranteed under the Sixth Amendment including: the right to be tried by an impartial jury, the right to be informed of the nature of the charges against you, the right to confront the witnesses against you, and IMPORTANTLYthe right to a lawyer.
A quick and easy way to assert your Sixth Amendement right is to ask for a lawyer. Generally speaking, I always recommend when questioned by a police officer during a traffic stop, a DUI arrest or any other criminal charge, to ask for a laywer. Remember, you have a right to be represented by a lawyer. If the police continue to question you otherwise, your statements are can be protected.
Protect your rights, ask for a lawyer.
Showing posts with label DUI Idaho Falls. Show all posts
Showing posts with label DUI Idaho Falls. Show all posts
Tuesday, April 17, 2012
Sunday, April 1, 2012
When can a police officer stop me?
Often when a client comes in charged with a DUI, they ask about being stopped late at night and whether a police officer can "just stop me for no reason". In order for a police officer to pull someone over, all they need is a reasonable suspicion of a traffic infraction. Normally late at night a person will be pulled over for something simple like failure to signal when turning, a burned out light, or an infraction of that nature. Once a person is pulled over, if the officer has reason to believe the driver is under the influence, the stop can turn into a DUI investigation.
So what does this all mean. To avoid getting pulled over, first, you should make sure there is no equipment malfunctions with your car. Next, make sure you follow all traffic rules to the T when driving late at night. A large majority of police stops occur at night. Whether you have been drinking or not, it is better to try to avoid a traffic stop altogether.
I have had clients who were stopped and arrested, only to get their cases dismissed when the blood result was under the legal limit. While this result is nice, it doesn't help the fact that my client was arrested, booked into jail, and had to wait for courts dates and hearings to get the case dismissed.
My recommendation, drive as careful as you can.
So what does this all mean. To avoid getting pulled over, first, you should make sure there is no equipment malfunctions with your car. Next, make sure you follow all traffic rules to the T when driving late at night. A large majority of police stops occur at night. Whether you have been drinking or not, it is better to try to avoid a traffic stop altogether.
I have had clients who were stopped and arrested, only to get their cases dismissed when the blood result was under the legal limit. While this result is nice, it doesn't help the fact that my client was arrested, booked into jail, and had to wait for courts dates and hearings to get the case dismissed.
My recommendation, drive as careful as you can.
Tuesday, March 20, 2012
DUI-Breath test under a .08?
A common question I hear from people as an Idaho Attorney is "can a police officer give me a DUI for a blood alcohol level under .08 in Idaho?"
The answer is "maybe". Idaho code 18-8004(2) explains specifically what the limits are for prosecuting a person with an alcohol level below a .08:
Any person having an alcohol concentration of less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, by a test requested by a police officer shall not be prosecuted for driving under the influence of alcohol, except as provided in subsection (3), subsection (1)(b) or subsection (1)(d) of this section. Any person who does not take a test to determine alcohol concentration or whose test result is determined by the court to be unreliable or inadmissible against him, may be prosecuted for driving or being in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or any other intoxicating substances, on other competent evidence.
Subsection (1)(a), (1)(b) and (3) deal with evidence of drug use in addition to alcohol in one's system. Without drugs in your system, a prosecutor is directed NOT to prosecute a person for DUI. Thus, as long as you did not refuse the test, if your blood level is under a .08, you have a strong defense for your case.
The answer is "maybe". Idaho code 18-8004(2) explains specifically what the limits are for prosecuting a person with an alcohol level below a .08:
Any person having an alcohol concentration of less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, by a test requested by a police officer shall not be prosecuted for driving under the influence of alcohol, except as provided in subsection (3), subsection (1)(b) or subsection (1)(d) of this section. Any person who does not take a test to determine alcohol concentration or whose test result is determined by the court to be unreliable or inadmissible against him, may be prosecuted for driving or being in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or any other intoxicating substances, on other competent evidence.
Subsection (1)(a), (1)(b) and (3) deal with evidence of drug use in addition to alcohol in one's system. Without drugs in your system, a prosecutor is directed NOT to prosecute a person for DUI. Thus, as long as you did not refuse the test, if your blood level is under a .08, you have a strong defense for your case.
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