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Idaho
TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 80
MOTOR VEHICLES
18-8004. PERSONS UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER
INTOXICATING SUBSTANCES.
(1) (a) It is unlawful for any person who is under the influence of
alcohol, drugs or any other intoxicating substances, or any combination of
alcohol, drugs and/or any other intoxicating substances, or who has an
alcohol concentration of 0.08, as defined in subsection (4) of this
section, or more, as shown by analysis of his blood, urine, or breath, to
drive or be in actual physical control of a motor vehicle within this
state, whether upon a highway, street or bridge, or upon public or private
property open to the public.
(b) It is unlawful for any person who is under the influence of alcohol,
drugs or any other intoxicating substances, or any combination of alcohol,
drugs and/or any other intoxicating substances, or who has an alcohol
concentration of 0.04 or higher but less than 0.08, as defined in
subsection (4) of this section, as shown by analysis of his blood, urine,
or breath, to drive or be in actual physical control of a commercial motor
vehicle within this state, whether upon a highway, street or bridge, or
upon public or private property open to the public.
(c) It is unlawful for any person who is under the influence of alcohol,
drugs or any other intoxicating substances, or any combination of alcohol,
drugs and/or any other intoxicating substances, or who has an alcohol
concentration of 0.08 or higher, as defined in subsection (4) of this
section, as shown by analysis of his blood, urine, or breath, to drive or
be in actual physical control of a commercial motor vehicle within this
state, whether upon a highway, street or bridge, or upon public or private
property open to the public.
(d) It is unlawful for any person under the age of twenty-one (21) years
who has an alcohol concentration of at least 0.02 but less than 0.08, as
defined in subsection (4) of this section, to drive or be in actual
physical control of a motor vehicle within this state, whether upon a
highway, street or bridge, or upon public or private property open to the
public. Any person violating this subsection shall be subject to the
penalties provided in section 18-8004A, Idaho Code.
(2) Any person having an alcohol concentration of less than 0.08, as
defined in subsection (4) of this section, as shown by analysis of his blood,
urine, or breath, by a test requested by a police officer shall not be
prosecuted for driving under the influence of alcohol, except as provided in
subsection (3), subsection (1)(b) or subsection (1)(d) of this section. Any
person who does not take a test to determine alcohol concentration or whose
test result is determined by the court to be unreliable or inadmissible
against him, may be prosecuted for driving or being in actual physical control
of a motor vehicle while under the influence of alcohol, drugs, or any other
intoxicating substances, on other competent evidence.
(3) If the results of the test requested by a police officer show a
person's alcohol concentration of less than 0.08, as defined in subsection (4)
of this section, such fact may be considered with other competent evidence of
drug use other than alcohol in determining the guilt or innocence of the
defendant.
(4) For purposes of this chapter, an evidentiary test for alcohol
concentration shall be based upon a formula of grams of alcohol per one
hundred (100) cubic centimeters of blood, per two hundred ten (210) liters of
breath or sixty-seven (67) milliliters of urine. Analysis of blood, urine or
breath for the purpose of determining the alcohol concentration shall be
performed by a laboratory operated by the Idaho state police or by a
laboratory approved by the Idaho state police under the provisions of approval
and certification standards to be set by that department, or by any other
method approved by the Idaho state police. Notwithstanding any other
provision of law or rule of court, the results of any test for alcohol
concentration and records relating to calibration, approval, certification or
quality control performed by a laboratory operated or approved by the Idaho
state police or by any other method approved by the Idaho state police shall
be admissible in any proceeding in this state without the necessity of
producing a witness to establish the reliability of the testing procedure for
examination.
(5) "Actual physical control" as used in this section, shall be defined
as being in the driver's position of the motor vehicle with the motor running
or with the motor vehicle moving.
(6) Notwithstanding any other provision of law, any evidence of
conviction under this section shall be admissible in any civil action for
damages resulting from the occurrence. A conviction for the purposes of this
section means that the person has pled guilty or has been found guilty,
notwithstanding the form of the judgment(s) or withheld judgment(s).
(7) The fact that any person charged with a violation of the provisions
of this chapter involving being under the influence of any drug, or any
combination of drugs with alcohol or any other intoxicating substance, is or
has been entitled to use such drug under the laws of this state or of any
other jurisdiction shall not constitute a defense against any charge of a
violation of the provisions of this chapter.
The Idaho Code is made available on the Internet by the Idaho Legislature as a public service.
This Internet version of the Idaho Code may not be used for commercial purposes, nor may this
database be published or repackaged for commercial sale without express written permission.
Search the Idaho Statutes
Available Reference: Search Instructions.
The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I.C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright.
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Driving while intoxicated known as DWI, DUI (driving under the influence) or OUI (operating under the influence) is a serious offense in Idaho. Losing your license to operate a vehicle in ID is just one of the penalties. It is in your best interest to hire an experienced criminal defense attorney to handle your case. A lawyer who specializes in drunken driving cases will be able to defend your constitutional rights. The field sobriety tests, the breathalyzer or Alcotest blood alcohol content (BAC) readings may be flawed and could result in a not guilty verdict in court. Only an experienced DWI lawyer will know how these tests should be administered and whether they were performed according to the guidelines provided by the National Highway Traffic Safety Administration (NHTSA).
Standardized Field Sobriety Testing
The National Highway Traffic Safety Administration has created a set of Standardized Field Sobriety Test (SFST). These three tests have to be administered and evaluated in a standardized manner to obtain accurate indicators of impairment. Most police officers fail to administer these tests correctly. Your DWI attorney may be able to challenge the validity of the stop and arrest by reading the report submitted by the police officer or trooper or by the testimony provided in court.
The Standardized Field Sobriety Tests were developed from research sponsored by the National Highway Traffic Safety Administration (NHTSA). NHTSA then developed a training regimen for law enforcement officers to provide a consistent way of evaluating the results from DWI suspects. Although police officers use a variety of tests when they pull someone over for suspected driving under the influence of alcohol, the three that are NHTSA accepted are:
- Horizontal Gaze Nystagmus
- Walk and Turn
- One Leg Stand
Other tests, like counting backwards or saying the alphabet from one letter to another have not been proven to be reliable indicators of being intoxicated or under the influence. Keep in mind that even the reliable tests must be administered correctly for them to be valid indicators of DWI.
Horizontal Gaze Nystagmus (HGN) Testing
The horizontal gaze nystagmus test checks if you have involuntary twitching of the eyeball. This occurs naturally as the eyes gaze at a right angle towards the side. When someone is under the influence of alcohol, nystagmus (twitching of the eyeballs) occurs at lesser angles. During this test, the officer will have the subject follow a pen or light with his eyes. The officer must observe the subject eyes. The three indicators that the officer looks for in each eye are:
- If the subject is smoothly following of the moving object with his/her eyes
- If the eye begins to jerk distinctly at the maximum range (right angle)
- If the angle of jerking begins within 45 degrees of center
According to the National Highway Traffic Safety Administration has determined that if between both eyes, four or more indicators are present the subject is probably under the influence. This test is therefore allowed for the purpose of making a DWI/DUI arrest and requiring a breath test at the police station.
Walk & Turn and One Leg Stand Tests
The other two tests that the National Highway Traffic Safety Administration believes are accurate predictors of DWI are the so called, “divided attention” tests. These tests can supposedly be done by most sober people. Although many police officers will tell you that they hear people say, “I can’t do that when I’m sober.” (By the way, this is not the wisest thing to say if you are a DWI suspect.) According to NHTSA, suspects cannot usually follow instructions and perform physical tests when they are impaired.
Walk & Turn
In the Walk & Turn test, the police officer will ask the DWI suspect to take nine steps placing the heel to the toe in a straight line. Someone suspected of DWI should follow instructions carefully for this test. The seven indicators of failure in the walk and turn are:
- Failure to maintain balance while listening to instructions
- Starting before the instructions are completely stated
- Stopping while walking to regain balance
- Lack of heel to toe touching
- Using arms to regain or maintain balance
- Loss of balance while turning
- Taking an incorrect number of steps
NHTSA research indicates that the majority of DUI suspects who fail two or more of the above items are operating under the influence. You will be arrested and charged with DUI/DWI and required to provide a breath sample.
One Leg Stand
The one leg stand test requires the DWI suspect to stand with one foot approximately six inches off the ground and count aloud starting with one thousand and increasing by one (one thousand-one, one thousand-two, one thousand three, etc…) until told to lower the foot by the police officer. The officer is required to time the subject for 30 seconds. The four indicators of DWI impairment are:
- Swaying while balancing
- Using arms to balance
- Hopping to maintain balance
- Placing the foot down
NHTSA research indicates that the majority of DWI suspects who exhibit two or more of these indicators are under the influence.
Probable Cause
The field tests that are administered on the side of the road are used by police officers to establish probable cause for the arrest. Your DWI attorney may be able to challenge these tests as well as the reason you were stopped in the first place. In order for these tests to yield valid results they have to be administered in the proscribed manner and must be evaluated based on a total number of indicators. The more indicators are present, the more likely that the person is operating under the influence.
Because most people charged with DWI do not understand what these tests are looking for or how they should be administered, it is extremely important that a lawyer that specializes in DWI defense be used to examine all the evidence and provide a recommendation on how to proceed. Designed and Hosted by Alonso Consulting, Inc. |
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