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If you are pulled over by the police in Idaho, be polite and courteous. Pull over as soon as it is safe to do so, shut off your car, and place your hands on the wheel where the officer can see them. Officers want to see your hands for their own safety, and starting the stop calmly gives you the best chance of protecting your rights through the rest of the encounter.

Your Rights During a Traffic Stop in Idaho

  • Just say “NO” to Warrantless Searches. The FOURTH AMENDMENT to the U.S. Constitution protects us from warrantless searches and requires that an officer go to a judge and get a warrant to search your car, home, etc. While there are many exceptions that allow officers to search without a warrant, like illegal items in plain view, etc., the most common exception is when the owner consents to the search. IF YOU CONSENT YOU HAVE JUST WAIVED YOUR RIGHTS UNDER THE FOURTH AMENDMENT, AND IT DOES NOT MATTER IF THE OFFICER HAD A RIGHT TO SEARCH OR NOT. Don’t give the officers a free pass around your rights, and DON’T CONSENT TO SEARCHES. If the officer searches your car anyway, your lawyer can get the evidence thrown out if the officer did not have the right to search. But if you consent you are done. Remember this line: OFFICER, I DON’T CONSENT TO WARRANTLESS SEARCHES (remember to be polite when you say this).
  • Determine if you can leave. If an officer is allowed to detain you (traffic stop, etc.) he should not detain you any longer than is needed to conduct his business. If it appears that the officer is finished with his business and is starting to ask you about unrelated items, ask him this question (while remembering to be polite): OFFICER, AM I FREE TO GO NOW? This will force him to make a decision as to whether he feels he has probable cause to detain you further, and/or arrest you, or let you go.

What to Say (and Not Say) to Police

  • Provide the Basic Information. You will need to provide the officer with your license, registration, and insurance, but you don’t need to volunteer additional information that may convict you. Officers are highly trained at getting you to provide information that they will use to convict you. Questions such as “do you know how fast you were going?” or “do you know the speed limit?” do not have to be answered. You have a right pursuant to the FIFTH AMENDMENT to the U.S. Constitution to remain silent and not incriminate yourself. Remember to be polite, BUT do not fall prey to giving up your Fifth Amendment rights and voluntarily provide information that will be used to convict you. However, if you do talk to the officer, you should be honest, as being dishonest will usually hurt you. That may be the best reason to remain silent.

If You’re Asked to Take a Field Sobriety Test

If the officer suspects DUI, you may be asked to perform Field Sobriety Tests and to provide a breath sample. These tests have specific procedures officers must follow, and the breath test machine itself is not always reliable. If the officer did not follow proper procedure, the reliability of the results can be challenged in court.

Idaho’s Implied Consent law and the consequences of refusing an evidentiary breath or blood test are nuanced, and the right answer depends on your situation. Read more about your options in our breakdown of refusing an evidentiary breath test in Idaho.

What Happens If You’re Arrested

  • If the officer does detain you further and/or arrest you, DO NOT RESIST. This will only lead to additional charges and allow the officer to use physical force on you.
  • If you are pulled over by the police and exercise your rights as outlined above, you will give your attorney the maximum opportunity to investigate whether the officers violated any of your rights and get the evidence thrown out.

REMEMBER YOU HAVE IMPORTANT RIGHTS PURSUANT TO THE U.S. CONSTITUTION. DON’T THROW THEM AWAY.

If you are arrested for DUI after a traffic stop, what you do next matters. Get a clear-eyed look at the breath test decision and how it can affect your case.

I Have Just Been Arrested for DUI, I Blew Over the Legal Limit, Can Anything Be Done to Help?

Yes! Attorney John Cutler at Cutler Law Office, P.A. handles DUI cases in all situations, such as when someone is pulled over by the police and that individual’s breath test result is above .08, or if they refused to take the test, and individuals who are accused of Driving Under the Influence of drugs.

In each case we scrutinize the evidence to ascertain whether:

  • Was the evidence obtained in a constitutional manner? IF NOT the evidence can be thrown out and not allowed to be used in court against you.
  • Did the officer follow the proper procedure when they administered the Field Sobriety Test and the breath test? IF THEY DID NOT, the reliability of the test results may be challenged in court.
  • The machine is sometimes wrong. Skilled defense attorneys are needed to present to the jury the evidence that can show your innocence.

A Driving Under the Influence charge carries some of the most severe penalties of any misdemeanor offense. Don’t go it alone. Hire an attorney with the skills and experience needed.

BY TAKING THESE STEPS WE CAN MAXIMIZE YOUR CHANCES OF BEING FOUND NOT GUILTY AND/OR MINIMIZE THE PENALTIES.

Cutler Law Office, P.A. often encourages and enlists the services of Robert La Pier, an expert on Field Sobriety Tests and the breath test machine.

Can I Refuse a Breathalyzer in Idaho?

You can refuse, but Idaho’s Implied Consent law treats refusal as its own offense. Refusing an evidentiary breath, blood, or urine test after a lawful DUI arrest can trigger a one-year civil license suspension on a first refusal, plus additional consequences if you are later convicted. Whether refusal helps or hurts depends on the facts, including your BAC if you do test, your driving history, and whether the officer’s request was lawful. Talk to a DUI attorney before assuming a refusal of an evidentiary breath, blood, or urine test will protect you.

Will I Lose My License After a Traffic Stop in Idaho?

Not from the stop itself. A standard traffic stop does not automatically cost you your license. License suspension typically follows a DUI arrest, a refusal of an evidentiary test, or certain serious traffic offenses. If you are arrested for DUI or you refuse the evidentiary test, you have only seven days to request an Administrative License Suspension hearing in Idaho. That deadline is unforgiving, so talk to a lawyer right away.

What Should I Do If I’m Arrested for DUI in Idaho Falls?

Stay polite, do not resist, and do not volunteer information beyond your basic identification. As soon as you are released or have access to a phone, contact a defense attorney. The seven-day Administrative License Suspension hearing window starts running immediately, and decisions about a breath test, a blood draw, or what you tell the officer can shape every part of the case that follows. Cutler Law Office, P.A. has handled DUI cases in eastern Idaho for more than thirty years, with attorney John Cutler bringing a former-prosecutor’s perspective to every defense.

DUI Defense Across Eastern Idaho

If you have just been pulled over or arrested, get help from a defense team that knows your county courthouse. Cutler Law Office defends DUI cases throughout eastern Idaho, including:

Call Cutler Law Office, P.A. today to talk to an attorney about your traffic stop and what comes next.