Request a lawyer.

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.

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.

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.

Soft tissue injuries are serious.

As an attorney in Idaho Falls, Idaho, I often see car accidents where there are no broken bones, but a person is still injured.  Often these type of injuries are referred to as "soft tissue injuries."
In Idaho, Soft tissue injuries are quite common among car victims. Contrary to popular belief, they can also be very serious. Individuals who have severe soft tissue injuries may end up bedridden and unable to work and perform their normal, day-to-day activities. Unfortunately, it can be difficult to find a lawyer who will represent someone with seemingly minor soft tissue injures. This is primarily because some lawyers don’t believe that these types of injuries are compensable. While this is sometimes true, it’s not always. There are Idaho personal injury attorneys who will take on these types of cases and who win them.

What is a Soft Tissue Injury?

A soft tissue injury is one in which the tendons, ligaments and/or muscles are hurt or damaged. These types of injuries aren’t as visible as, say, a broken bone. However, this doesn’t mean that they are any less painful or debilitating. Soft tissue injuries can be very painful and can limit a person’s range of motion, ability to move and get around. If the injury/injuries are serious enough, it could impact a person’s ability to work and care for their family. In these cases, it may be possible for a person to be compensated.

Overview on slip and falls.

A question we often hear as attorneys in East Idaho from someone who fell in a supermarket or store and hurt themselves is they want to know if they have a case for damages.

Fall injuries can be serious, but proving liability can be challenging. Puddles, spills, and floor hazards might be caused by negligence, but it is not enough that one tripped, fell, and got hurt. To show the store was at fault the store must have caused the dangerous condition.
Here in Idaho Falls and Pocatello, it’s our job as attorneys to evaluate whether we believe that we can help someone hurt in a fall to recover compensation. Following are some of the important slip and fall points that we look for in evaluating premises liability.

Negligence of a Supermarket or Retail Store
A grocery store will generally not be liable to a customer for injuries suffered in a slip and fall on the store premises if:

the premises where the fall occurred were not unreasonably dangerous.

the store did not have any reason to know of the hazardous condition.

the store used reasonable care to protect customers from injury.

the customer’s own negligence was the major cause of his or her injuries.


In other words, a supermarket has to keep its floors, aisles, displays, and merchandise in reasonably safe condition so that they are unlikely to injure customers. Conditions become unreasonably dangerous when they are left unattended for substantial periods of time. Examples are a spill or puddle that gets missed and left on the floor. A patch of ice that is not removed from an entryway. A carton or display extending into an aisle below eye level. If the store should have known about such conditions—or if employees created them—the store may be liable for injury.

Rear-end car accidents.

While practicing injury law in Idaho, I have seen many different kinds of car accidents.  A large majority of those accidents are rear end accidents.  In fact, study show rear end collisions are the second most common accident, second only to backing accidents, in the United States. 

There are many causes for rear-end accidents. Drivers following too closely to the vehicle in front of them cause a majority of these crashes. Distractions also play a big role in these types of collisions. In addition, adverse road conditions and disregarding safe driving speeds can also play a part.

There are certain types of injuries that are typical to these types of accidents. For instance, being propelled forward, the vehicle occupants' unsupported heads lag until their necks reach a distortion limit and then are whipped forward. As a result of this force, many people suffer neck injuries, as well as back, shoulder, knee, spine and head trauma.

In order to reduce the risk for rear-end accidents; drivers can take precautions. For commercial drivers, written company policies and education programs about traffic safety and behind the wheel activities, such as cell phone use, are crucial. Both commercial and non-commercial drivers should remember to keep pace with traffic and avoid tailgating and distractions. These are all helpful ways to avoid rear-end collisions.

When a driver or their passengers are injured due to a rear-end crash, they may have to deal with property damage, lost time from work and medical bills. In these cases, a reputable personal injury attorney can help crash victims negotiate with insurance companies and protect victims' legal rights.

Be safe while doing your winter driving.

While winter in East Idaho and Wyoming can be exciting with all the skiing and snow activities, it is important to be careful when enjoying yourself, whether it be Targhee, Yellowstone, Jackson or where ever you're headed. Driving during this season leads to roads filled with drowsy drivers and related car accidents.

Drowsy driving is similar to the dangers of drunk or distracted driving. When a driver hasn't had enough rest and gets behind the wheel, his response times, judgment and ability to stay alert behind the wheel are significantly compromised. Here is a list of some dangers that can arise and some prevention tips related to the traffic safety problems:

The truth behind drowsy driving

• As much as one out of six fatal traffic accidents involve drowsy driving.
• A recent study found that more than 30 percent of drivers admit that they have driven while they were tired enough that it was hard to keep their eyes open.
• Another study found that 10 percent of drivers admitted that they had fallen asleep while driving in the past year.

What should you do to prevent drowsy driving?

• Generally, a person needs seven hours of sleep in order be well-rested and safe to drive.
• Don't drive if you feel too tired. Get a ride, or get some sleep before driving.
• Don't push yourself to drive for too long without taking a break to get up and stretch and/or get some sleep. Your destination will still be there whether you arrive sooner or later. Consider taking a driving break every two hours to avoid driving dangerously.

There are other driving tips related to drowsy driving prevention. But the surest and safest way to avoid accidents is to be honest with yourself and others when you feel too tired to drive.  If you're too tired, rest.