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Defenses to DUI in Idaho

The Mechanical:

If the breathalyzer was not properly calibrated, maintained or the individual operating the breathalyzer is not authorized to do so then any result that was found cannot be used. While this is not a traditional defense it works because without proof that the driver was impaired it will be difficult for the state to make a case that the driver could not operate their car in a safe way.

The same is true for a blood analysis. If the blood was not taken in a safe way or was taken by someone who was not qualified to take the blood and test it then the test results will not be admissible in the court case. Again leaving the state without a way to prove that the driver was impaired and should not have been driving at the time of arrest.

The Physical:

Many times a large part of the DUI conviction rests on the testimony of the arresting officer. The officer may describe the behavior of the accused as “acting drunk.” By way a various adjectives like: slurred speech, slowly going threw green lights, low speeds, ect. However, these behaviors can be explained threw various non-criminal means.

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