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.
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