In Idaho, all drivers are required to follow traffic laws. Among these traffic laws are laws that pertain to driving while intoxicated. The laws define a DUI as any blood-alcohol content reading that is at least 0.08%. When facing these charges, the defendant needs to review possible defenses to avoid a conviction. A DUI Law Attorney in Burley ID provides access to common defenses.
Inaccurate Testing Results
All law enforcement agencies are required by law to test their breathalyzer equipment at regular intervals. They are required to complete a log of all tests, repairs, and replacements for the machine. They must also enter information about when these events occurred. A failure to maintain the equipment can lead to a dismissal of the charges based on inaccurate testing results.
Driving Out of Necessity
Driving out of necessity is defined as operating the vehicle to avoid an attacker. The defendant will need evidence of these allegations to support their claim. Typically, surveillance footage around public spaces can provide them with the evidence that they need. Eyewitness accounts could also present them with additional evidence of their claim.
False Arrest for DUI
A false arrest for a DUI is based on zero evidence to substantiate the charges. An officer who doesn’t conduct field sobriety tests cannot provide adequate evidence of a DUI. Without a breathalyzer reading or results from blood tests, the charges can be dismissed entirely.
No Probable Cause
All officers are required to have probable cause before they stop a driver on the road. The driver must commit a traffic violation in order for the officer to stop them. For example, the driver must be speeding, driving recklessly, or driving in the wrong lane. If there isn’t any probable cause, the charges will be dropped.
In Idaho, all drivers must comply with drunk driving laws. These laws are in place to lower the frequency of automobile accidents. They define when a driver is guilty of a DUI and when the charges could be increased. Defendants facing these charges and need a DUI Law Attorney in Burley ID can contact us today to schedule an appointment right now.
