By Richard J. Blok, Idaho Criminal Defense Attorney
The holidays can be a time of drinking and merriment, or a time when that extra glass of wine is the only thing keeping you from telling your crappy uncle what you really think about him. The holidays are also a time when more of us get in the car after drinking, whether traveling home from a family get together, an office party, or a new year’s blowout. If you drink any amount and get in the car, you run the risk of getting pulled over for a DUI. The police are always looking to pull people over for DUI, and this is especially true around the holidays. If you have been charged with a crime in Idaho, the lawyers at Racine Olson, PLLP can help you through every step and prepare you for the best defense possible.
Getting Pulled Over
The police will set up on streets and in parking lots nearby popular bars and restaurants and patrol the highways looking for people to pull over. Around the holidays, there are extra patrols and a lot of overtime hours. When you leave the bar or are on the highway at night, they get behind you and just follow. The simple truth is that most people violate some minor traffic law every time they get behind the wheel. They forget to single, don’t single for long enough (at least 5 seconds), speed, drive just over the edge of the lane, or some other minor violation. Any of these violations provide sufficient reasonable suspicion for the police to pull you over and begin a DUI investigation.
The best advice to avoid a DUI investigation and the possibility of arrest, is to not drink anything at all. The truth is that’s not realist. Having a drink at the bar or a glass of wine with dinner is fun. The second-best advice is to make a plan of exactly how many drinks you’re going to have and stick to it. Gauging how many drinks you can have a drive safely is up to each individual. Using a BAC calculator can help get you in the ballpark, but it’s best to overestimate the number of drinks you have had, and underestimate the amount of time you have been out. Add at least 1 drink, and subtract at least one hour. If you are anywhere near the limit (0.08), get a cup of coffee and wait an extra hour or two. Also, if you feel drunk, you are drunk no matter what the calculator says.
A note about over-the-counter breathalyzers: The ones the police use cost well over $1000 apiece. The stuff you can buy online simply is not accurate enough to trust and not recommended. Just like using a calculator, you have to judge for yourself if you are safe to drive.
The Investigation
Here is some basic advice about what to do if you get pulled over. If you want to protect yourself before you leave the house start with keeping your car clean, and making sure you have physical up to date copies of your insurance and registration (don’t keep these on your phone). As you’re getting pulled over, use your blinker, pull over somewhere safe, and put your hands on the steering wheel. Be polite with the cop, hand over your documents, but don’t answer questions about what you are doing, or how much you have had to drink. You have to follow orders to get out of the car. It’s generally a good idea to do the field sobriety tests, and breathalyzer if asked. Before you do your field sobriety tests, make sure to tell the cop about all of your injuries. If they want to search your car, tell them they “do not have your permission to search.”
Getting Arrested
The simple truth is, once you are doing field sobriety tests you are likely to be in trouble, and if you blow over the limit you are definitely going to jail. Stay calm – the jail treats everyone poorly, and this is going to suck. Remember, the police are not your friends, and they are trained to lie to you to get the information they want. Invoke your 5th amendment rights and ask for a lawyer when they start asking you questions. When you talk to the judge the next day, don’t talk about the facts of the case, be polite, answer the judges questions, and plead NOT GUILTY. Get a lawyer as soon as you can. If you have a friend or family member that can hire a lawyer for you while you’re still in jail, get it done. If you have to wait until you bond out, get an appointment as soon as possible. The Idaho Criminal Defense Lawyers at Racine Olson can help you out with any criminal charge. Call us at 208-232-6101 to speak to the Racine Olson, PLLP team of criminal defense attorneys.
Contact Us
The knowledgeable, experienced, and diligent attorneys at Racine Olson, PLLP are here to help you and your family when you need it the most. Whether a misdemeanor or felony, our Idaho criminal defense attorneys are prepared to guide you through the legal process and fight for you at every turn. Call us at 208-232-6101 to speak to Racine Olson, PLLP’s team of criminal defense attorneys. You can also email me directly at richard@racineolson.com. We stand ready to answer your questions and help solve your criminal defense needs.