Your Rights During a DUI Traffic Stop: What Idaho Drivers Should Know

You're driving down an Idaho road late on a Friday night after spending the evening at a friend's house. You had a couple of glasses of wine with dinner, but that was earlier in the evening, at least a couple of hours ago. You are a little tired but felt fine and clear-headed when you got behind the wheel.

As you drive home, you notice that a police car is behind you. You begin to wonder: do you still have any alcohol in your system? If so, are you past the legal limit? What should you do if you get pulled over? It doesn't take long to realize that you would be better off knowing the answers to these questions beforehand.

Traffic stops are stressful under any circumstance, but DUI stops are especially stressful because of their potential fallout. At Sullivan Law Office, PLLC, we handle many DUI cases, and when we review the chain of events with our clients, we often find out that they have no idea what their rights are. As a result, they made poor decisions, which put them in legal trouble they could have avoided.

Understanding your rights ahead of time can make all the difference between a DUI traffic stop being a minor inconvenience and a DUI stop becoming a major disruption of your life. Here are some basics about Idaho DUI law every driver should know.

The Stop: What Triggers It?

DUI checkpoints are not currently legal under Idaho law, so the stop has to be individualized. In other words, in Idaho, an officer must have reasonable suspicion that a driver may be intoxicated, such as weaving in and out of lanes, unaccountably speeding up or slowing down, running a red light, or some other erratic behavior. What does that mean? If the police are following you, don't do anything that draws more attention. You should: stop at stop lights and signs, use your turn signals when needed, drive at the speed limit, pay attention to driving, and stay off your phone.

Your Rights at the Moment You're Pulled Over

Once stopped, the officer may approach your window and ask for your driver's license, registration, and proof of insurance. You are required to provide these. However, you can remain silent beyond identifying yourself and producing those documents.

You do not have to answer any of the officer's questions like "Have you been drinking?" or "Where are you coming from?" Politely declining to answer is your right and cannot legally be used against you as proof of guilt. Don't make an issue of it, but know that you have no obligation to volunteer any information.

What About Your Passengers?

If you have any passengers in the car, they also have the right to remain silent. In fact, if you do get pulled over, it might be a good idea to inform them of that fact (no matter what you get pulled over for) before the officer approaches your window. They are not legally required to show ID unless the officer reasonably suspects the passenger is involved in a crime. Further, unless passengers are detained, they are typically free to leave.

Field Sobriety and Breathalyzer Tests

In Idaho, you are not legally required to perform field sobriety tests like walking a straight line or following a pen with your eyes. However, you should be aware that your refusal of these tests may be used against you in court if you eventually face DUI charges.

If the officer has “reasonable suspicion” to believe you're impaired, the officer may ask for an evidentiary test such as a blood, breath, or urine test. A breath test is the most common. “Reasonable suspicion" is a legal term that is defined by the particular situation, but it basically means that some factual basis exists that suggests to the officer that a crime is in progress or has occurred; the officer cannot just assume or guess. Under Idaho's Implied Consent Law, you agree to submit to these tests, and refusal can carry significant penalties. Every state has Implied Consent Laws. These laws hold that when you use a state's roads (even if you hold a driver's license from another state), you agree to submit to a chemical test if requested by a peace officer with a reasonable suspicion of driving while impaired.

If that reasonable suspicion grows into probable cause, the officer may also arrest you.

In Idaho, the Implied Consent law is Idaho Code 18-8002. The penalty provisions provide that, for a first-time offense, refusal to comply with a chemical DUI test can carry a civil penalty of $250, a one-year absolute suspension of your license, and the installation of an ignition interlock device (IID) in your vehicle at your expense. (An IID prevents a vehicle from being started until the driver uses an attached breathalyzer device to prove that the driver is not intoxicated.) The penalties increase for repeated offenses and may apply even if you are not convicted of a DUI. In addition to these penalties, your refusal can be used as evidence in a DUI prosecution.

Can Police Search Your Vehicle?

Consistent with the concepts of “reasonable suspicion,” and “probable cause,” police cannot conduct a "fishing expedition" to look for random evidence of a crime. They cannot search your vehicle just because you have been pulled over. If they don't have a warrant (which they won't have for a regular traffic stop), they can only search your vehicle if:

• You give consent to the search.
• They have probable cause for the search (e.g., they smell alcohol, a visible open alcohol container in the vehicle, etc.).
• They are conducting an inventory of your vehicle after an arrest.
• They believe their safety is at risk.

You have the right to refuse a search if none of these apply. To refuse, say clearly, "I do not consent to a search." Because you have a Fourth Amendment right to refuse a search in the absence of probable cause, your refusal cannot be used as evidence against you in a subsequent prosecution.

Final Tips for Protecting Your Rights

It is common for some people to feel anxious when they are pulled over, even if they do not believe they have done anything wrong. They can talk too much or exhibit unusual or nervous behavior due to stress. Unfortunately, this conduct can occasionally create a situation that amounts to probable cause or reasonable suspicion, giving the police the authority to be more intrusive. If you are pulled over for a DUI, follow some basic rules:

• Stay calm and respectful.
• Record the encounter if you have the means, such as a smartphone camera or recorder. (Idaho is a "one-party consent" state, meaning you do not need anyone else's consent to record.)
• Promptly give officers the information they are legally entitled to: your driver's license, vehicle registration, and insurance information.
• Keep your hands visible at all times.
• Do not volunteer any information about anything.
• Do not be provoked by anything the officer says into arguing; save anything you have to say for your lawyer or the court.
• Ask if you are free to go if you are not being detained.

If You Have Been Charged with a DUI, Call Sullivan Law Office

There's an old saying, "Being forewarned is being forearmed." It means that if you know about something beforehand, you will be well-prepared to handle it if and when it occurs. That principle is very apt for DUI traffic stops.

The penalties for a conviction are severe, and they can affect your livelihood, your relationships, your finances, and your freedom. Given the stakes, being informed and making intelligent choices can significantly affect the outcome of a DUI traffic stop.

If you've been arrested for DUI in North Idaho, contact Sullivan Law Office, PLLC, as soon as possible. Our attorneys know how much is at stake, and our extensive law enforcement backgrounds give us insights into the system that can help you navigate the process to achieve the best possible outcome. Before it gets to that point, your best avenue is to stay off the roads if you suspect you may be intoxicated and to know your rights.

Note: This blog provides general legal information and is not intended as legal advice for any specific individual or case.