Boise DUI Lawyers - Idaho Criminal Attorneys - Field Sobriety Tests

Boise DUI Lawyers - Criminal Attorneys in Idaho - DUI, DWP, Criminal Defense, call (208) 472-2383 free consultation.

Boise DUI Lawyers are always asked what the standard field sobriety tests are and if they are valid. The National Highway Traffic Safety Administration (NHTSA) developed three standardized tests to determine if there is probable cause to arrest an individual suspected of DUI. Standardizing the tests ensures consistency.

The three standardized tests are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and the One Leg Stand (OLS). These tests are used once an officer has probable cause to pull an individual over on suspicion of DUI. Once pulled over the officer administers the three standardized tests which provide the evidence for probable cause to make a DUI arrest and administer a breathalyzer test.

Boise DUI Lawyers may challenge probable cause for the initial pulling over as well as the probable cause based on the results of the field sobriety tests. Attorneys use challenges to probable cause to exclude evidence. Once the evidence is excluded the prosecuting attorney, the state's lawyer, may or may not have enough evidence to go forward to charge an individual with DUI.

The Horizontal Gaze Nystagmus works on the principle of eye muscle control. An individual who has not been drinking will show rapid eye jerking when the eyes are elevated to the maximum level. An individual who is intoxicated will show these jerking movements at less elevated levels as well as will have difficulty tracking with their eyes.

The Walk and Turn test requires an individual who is suspected of drinking and driving to walk nine steps from heel to toe and turn on one foot. The officer looks for clues as the suspect performs the tests. Such clues are inability to balance while listening to the directions, inability to walk heel to toe, inability to maintain walking in a straight line and failure to turn on one foot on the ninth step. As a Boise DUI lawyer I see people fail this test all the time, but I might suggest that even a non intoxicated individual may have difficulty performing this one.

The One Leg Stand test requires an individual who is suspected of drinking and driving to stand with one foot elevated about 6 inches above the ground and count by thousands for thirty seconds. As the suspect counts, one-thousand one, one-thousand two etc, the officer looks for wobbling, swaying, hopping or putting your foot down. Two or more of these indicators, according to the NHTSA, suggests the individual has an 83% chance of having over a .08 BAC. Again, as a Boise Criminal Lawyer I see individuals charged with DUI failing this test regularly. And, again, I would suggest that most people, especially the older you get, will fail this test.

DUI officers are trained to look at the three tests individually and as a whole. When looking at the results of all three tests they get what is known as a Combined Measures. With this they look at all three tests and evaluate the likelihood that the failures of the individual tests equal a DUI.

So, these are the standardized tests to establish probable cause for arrest on DUI. Are they effective? Can they be challenged?

According to the NHTSA, when comparing percentage of those actually found to have a BAC of greater than the legal limit from 1981 v. 1998, the accuracy of the tests due to training increased substantially. In 1981, when the legal limit for driving under the influence was .1, the accuracy for field sobriety tests were: HGN - 77%, WAT - 8% and the OLS - 65%. The Combined Measures resulted in an 81% accuracy arrest for DUI. In 1998, when the legal limit had been reduced to .08, the results were: HGN - 88%, WAT - 79%, and OLS - 83%. This translates into a Combined Measure accuracy of 91%.

In light of the NHTSA accuracy statistics can a DUI Lawyer still challenge the results. Absolutely. There are many factors which can go into failing a field sobriety test. Some examples of this are medical conditions such as vertigo or eye disease. Medications which have not legally impaired your ability to drive may make your balance on one leg questionable or cause you to have light sensitivity which could effect the HGN. DUI Lawyers will ask an individual charged with driving under the influence if they have any conditions which might impair their ability to take a standardized field sobriety test, but if you are pulled over on the suspicion of DUI and have a condition which might effect you performance, you should always let the officer know.

If you have been charged with DUI in Idaho and need to speak to a Boise DUI Lawyer, please call (208) 472-2383.

Boise DUI Lawyer Talks About Aggravated Driving Under the Influence

As a Boise DUI Lawyer I feel one of the saddest parts of my job is when someone is charged with aggravated driving under the influence. This is a difficult charge because what it means is that someone was driving under the influence of alcohol, drugs or other intoxicating substance and caused great bodily harm, permanent disability or permanent disfigurement to another.

The penalty for aggravated driving under the influence is very serious. This is a felony charge. You can be sentenced to prison for up to 15 years and ordered to pay a fine of up to $5,000. In addition, you will lose your license, beginning upon your release, for up to five years. You will also be ordered to pay restitution.

If that weren't enough, Idaho law allows any evidence of your conviction to be used in a civil proceeding against you. A "conviction" for the purposes of this code section not only includes if you are found guilty but if you plea or get a withheld judgment.

If you need to speak to a Boise DUI Lawyer call or an Idaho Criminal Attorney, (208) 472-2383 or visit us on the web at www.lawboiseid.com or www.duiboiseid.com

Boise DUI Lawyer Talks About DUI Statistics

As a Boise DUI Lawyer I have spoken frequently about the increase in the number of DUI arrests around the holidays. Interestingly in today's Idaho Statesman, there was an article outlining the numbers for Idaho DUI arrests, crashes and fatalities. In addition, the article discussed the increase in the number of excessive DUI arrests. An excessive DUI is when the BAC of the individual is .20 or higher.

The statistics showed that the number of arrests for driving under the influence in Idaho have increased and the crashes and fatalities have decreased. In 2005 Boise Police and Idaho State Police arrested 9,072 people in Idaho for driving under the influence. There were 1,952 DUI crashes that year and 100 fatalities. By 2009 the number of DUI arrests had increased to 12,327. The number of crashes associated with driving under the influence decreased to 1,567 and the death rate decreased to 65.

While those number represent a decrease in accidents and deaths and an increase in arrests, something disturbing is on the rise. The statistics show that Boise Police and Idaho State Police are steadily increasing the number of individuals they arrest for excessive DUI. Boise Police and Idaho State Police arrested 279 individuals and cited them for excessive DUI in 2006 in Ada County. That number has increased to 384 to date and there are still two weeks of the year left.

As a Boise DUI Lawyer I walk that fine line of excessive DUI with my clients, particularly when they have blown barely a .20. The penalty for excessive DUI is so much greater than a regular driving under the influence charge. While I never condone drinking and driving, it is my responsibility as an Idaho Criminal Attorney to preserve an individual's rights. Because the statistics show that the calibration of breathylzers are not 100% accurate there is always that possibility that an individual arrested for excessive DUI may not have actually had .20 BAC. As a Idaho Criminal Attorney, I would not recommend that you not blow when you are pulled over, but when someone is so close to an excessive DUI a blood draw would give a more accurate BAC. As a Boise DUI Lawyer, I recommend that every excessive DUI charge be challenged at the very minimum on a calibration technicality. I want to stress again, however, that I am in no way advocating driving under the influence. My suggestion to challenge the excessive DUI comes from my role as a defender of your rights. My role as a Boise DUI Lawyer and an Idaho Criminal Attorney is to represent my clients in such a way that they are not convicted of a crime by false evidence or an illegal violation of their rights.

For more information concerning DUI in Idaho visit www.lawboiseid.com or call (208) 472-2383.

DUI Alcohol and/or Drugs

The DUI used to be known as a DWI, but it was changed because you can be charged with driving under the influence of drugs. Although DWI also pertained to driving under the influence of drugs, it literally meant driving while intoxicated.

As an Idaho Criminal Attorney I often hear from people who are confused about this fact. They will get pulled over and sited with a DUI when they hadn't been drinking. Upon further questioning, they often will admit that they were under the influence of drugs.

Idaho Code 18-8004 states that it is unlawful for someone under the influence of alcohol, drugs or any other intoxicating substance to operate a motor vehicle. Even if your blood alcohol level is below .08 you can be cited with a DUI if you have drugs in your system.

If you have been charged with drunk driving or drugged driving or for more information about DUI and drug charges visit www.lawboiseid.com or www.duiboiseid.com

Idaho Criminal Attorney - DUI Challenges - Breathalyzer Accuracy

According to David J. Hanson, Ph.D, 23% of those people who take a breathalyzer test end up with inaccurate results. Not only are the test results inaccurate but the Blood Alcohol Concentration register about 15% higher than they actually are.

What does this mean for someone charged with a DUI? As an Idaho Criminal Attorney I can tell you it can mean a huge difference. If you are at that fine line just below or just above legally drunk (BAC of .08 or greater) it can mean the difference between a DUI and a inattentive or reckless driving charge. If you are at that line between an excessive DUI (BAC of .20 or higher) and a standard DUI it can make the difference between prison and jail, not to mention much longer license suspensions and greater fine amount.

So how do you challenge a breathalyzer? There are many arguments that can be made depending upon the evidence in the possession of the police and the prosecutor. Some challenges require an expert. The example I gave above about inaccurate results would require an expert to testify about the validity of breathalyzer results. Some examples of successful challenges of the evidence that I have made as an Idaho Criminal Attorney challenging DUI charges against my clients are:
- The breathalyzer was not properly maintained; failure to calibrate or clean
- The police administered the test incorrectly; failure to warm up machine
- The officer was improperly trained or qualified
- The result was affected by a characteristic of the driver such as asthma,
burping, hyperventilation
- The test was administered after the driver used mouthwash, a strong breath mint or used lip balm or oil
- The driver was in the presence of paint, gasoline, varnish or other strong fumes

This evidence won't necessarily relieve you of your DUI charge or subsequent conviction. This is because the police use more evidence than just the breathalyzer to evaluate whether you have been driving under the influence. Field sobriety tests, for example, are supposed to be the criteria which the police use to determine if they need to administer a breathalyzer test. These types of challenges, however, can be useful in lessening the extent of the penalty and potentially the charge against you.

For more information concerning DUI, driving under the influence, please visit www.lawboiseid.com