DUI: Legal Rights After Arrest

As a criminal defense lawyer, attorney Jared B. Martens of Boise, Idaho, represents many clients charged with DUI/DWI. One of the greatest areas of confusion among drivers, he finds, is exactly what a person's rights are if stopped for driving under the influence (DUI). Below are some general statements about Idaho DUI law and the constitutional rights of a person in a traffic stop.

Each case is unique, however, and if you were arrested for DUI it is important to discuss your case with an experienced criminal defense lawyer. If you would like to speak with Mr. Martens, please contact Martens Law Office in Boise to arrange a free consultation.

A traffic stop for DUI

A police or highway department officer must have a reasonable suspicion, based on the officer's actual observation of unusual behavior, to stop and check a driver for driving under the influence. If field sobriety checkpoints are set up where every driver is checked for drunk driving, no reasonable suspicion is necessary. If you are stopped, cooperate and be polite but do not discuss your drinking.

The field sobriety test

When you are stopped, an officer can ask you to get out of the car and perform tasks such as reciting the alphabet, walking a straight line, standing on one foot, or picking up a coin. It is important to inform the officer if you have a medical condition that will interfere with your ability to perform the activity.

The blood alcohol test

You may be required to take a blood alcohol content (BAC) test. You must take the test, but have the right to request the breath, blood or urine form of the test. If you refuse the test you could be forced to take it. Unless there was a serious accident, however, you will probably just have your license suspended for a year and the judge and jury will be able to consider your refusal evidence against you.

A drunk driving arrest

If you fail a field sobriety test you will be handcuffed, searched and taken to the jail for a BAC test. You will be held there until you post bail or a judge releases you. As soon as you are put under arrest, you have a right to contact a lawyer.

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Martens Law Office has weekend and evening appointments available, offers free initial consultations, and accepts credit cards. If you would like to speak with attorney Jared B. Martens, please contact the firm and arrange a free consultation.

Your Rights if Arrested for DUI