Boise DUI Lawyers Keep Close Watch on Senate Bill 61

Changes in Idaho Law are on the horizon for Boise Criminal Lawyers and for those charged with DUI. Yesterday in Boise, the Idaho State Senate returned Senate Bill 61 to the Idaho House of Representatives. The Bill was proposed to amend Idaho Code 18-8002(4)(a) which outlines the penalty if an individual who refuses to take a breathalyzer test after a DUI stop. Currently the Idaho Code section states that if you are stopped on suspicion of a DUI and you refuse to blow the arresting officer is to immediately take your license and issue a temporary paper license. The temporary license is only valid until you have an administrative hearing about your refusal to blow on the DUI stop. If you fail to request the hearing or are found to be unjustified in your refusal to blow, your license is suspended by the Idaho Department of Transportation.

The amendment was proposed for administrative purposes. Currently, the arresting officer on a DUI must take the license, issues a paper license, get the license to the proper place to store the license and have the appropriate paper work so that the license can be returned at the appropriate time. This causes a questionable loophole if the officer fails to take the license at the time of the DUI stop as well as creates a license custody headache and unnecessary expense managing the actual physical suspended licenses. The amendment would remove the necessity of the arresting officer to take physical control of the actual license on a DUI stop. The person pulled over on suspicion of DUI would still have their license suspended but it would remove the administrative removal and subsequent paperwork involved.

The Senate Bill was returned to the House for clarification but it is likely to be passed in the next few days.

If you have been arrested on DUI charges and need to speak with a Boise DUI Lawyer, please call (208) 472-2383

Boise DUI Lawyer Discusses Breathalyzer

As a Boise DUI Lawyer part of my job is to make certain that my clients are not convicted of a crime when their rights have been violated. Part of the evidence that goes into a DUI conviction in Idaho is evidence of a BAC of .08 or greater as measured by a breathalyzer. There are many ways to challenge a breathalyzer reading but today I am going to discuss the defense of burping.

As a Boise DUI Lawyer burping is my favorite defense. I know it sounds silly that you could throw a DUI out in Idaho with the defense of burping. It is true, however. If you burped within 15 minutes of blowing you can challenge the BAC reading on the breathalyzer. It all has to do with the way the breathalyzer works and how it reads the concentration of alcohol in your system.

If you are charged with a DUI in Idaho make certain you tell your Boise DUI Lawyer if you burped before you blew.

For more information about DUI in Idaho or to schedule an appointment with a Boise DUI Lawyer please visit www.lawboiseid.com or call (208) 472-2383 today.