Driving under the influence of drugs (DUI) is a serious offense in Idaho, with consequences that can be as severe as those for alcohol-related DUIs. However, proving drug intoxication presents unique challenges, and understanding the nuances of the law is crucial for building a strong defense.
If you were arrested for being under the influence of drugs while driving in Idaho Falls, the Cutler Law Office, P.A. knows effective strategies to protect your rights and challenge the validity of any evidence that has been collected against you.
Why Choose Cutler Law, P.A. for Your Drug DUI Case?
As a former deputy prosecuting attorney, John E Cutler has seen the common mistakes that law enforcement officers make when trying to conduct an arrest or administer a field sobriety test when a person is suspected of driving under the influence (DUI). Mr. Cutler has also taken the NHTSA Advance Roadside Impaired Driver Enforcement course (ARIDE course). This is the same advance course that Law Enforcement takes to detect the drug impaired driver. Knowing how the officer is supposed to do his job helps in the preparing your defense and cross examining the officer on the witness stand.
This unique experience gives our Idaho Falls DUI lawyer an advantageous position in DUI-related cases.
Idaho Drug DUI Laws
Idaho Code § 18-8004 prohibits driving under the influence of any intoxicating substance that impairs your ability to drive safely. This broad definition encompasses various substances, including illegal drugs like marijuana, cocaine, and methamphetamine, as well as prescription medications and even certain over-the-counter drugs that can cause drowsiness or impair driving ability.
Even if you have a valid prescription, if the medication affects your ability to drive, you could face a drug DUI charge.
What Is Idaho’s Implied Consent Law?
Many states, including Idaho, adhere to implied consent laws. Outlined in Idaho Code § 18-8002, this law requires licensed drivers to submit to evidentiary testing including a breath test or chemical tests when requested to do so by an officer. Refusing a requested evidentiary test can result in a a minimum of at least 1 year absolute license suspension (No restricted permit), an interlock device put on all vehicle you drive and additional legal penalties. Your refusal can also be used as evidence against you in court.
If you have refused a breath test or other evidentiary test, you only have 7 days from the date of service on your Notice of Suspension to request a hearing to challenge these refusal penalties. This is typically 7 days from the date you refused. It is important to seek legal help on this matter quickly.
How Is a Drug DUI Different from an Alcohol DUI?
Unlike alcohol, where a Blood Alcohol Content (BAC) level of .08% or higher is presumed to be impair , there’s no standardized measure for drug impairment. Instead, officers can charge you by having a reasonable suspicion or belief that drug use caused impairment and affected your ability to drive. Evidence may include observations of erratic driving, physical symptoms (e.g., dilated pupils or slurred speech), or evidentiary test results and Field Sobriety tests.
This makes drug DUI cases more complex, as the prosecution often relies on subjective observations of law enforcement officers, potentially leading to wrongful arrests. Mr. Cutler has taken the same courses that Law Enforcement takes to identify and detect DUI and Drug DUI drivers, including the NHTSA’s “DWI Detection and Standardized Field Sobriety Testing” (Both the Student & Instructor’s Courses) and “Advance Roadside Impaired Driver Enforcement (ARIDE) course. Knowing how Law Enforcement has been trained to do their job helps in analyzing the your case and preparing to cross examine Law Enforcement on the stand in trial.
Penalties for a Drug DUI in Idaho
The penalties for a drug DUI in Idaho are similar to those for alcohol-related DUIs and depend on whether it is your first offense or a repeat offense. A first offense may include up to six months in jail, a fine of up to $1,000, and a license suspension for up to 180 days, the first 30 days are an absolute suspension with no restrictive permit. You may also be required to participate in a drug and alcohol evaluation or treatment program.
Repeat offenses bring harsher consequences. A second offense could result in up to one year in jail, higher fines of up to $2,000, and a longer absolute license suspension or revocation period. A third offense, which is often charged as a felony, penalties include up to five years in prison and significantly longer license revocation periods. Repeat offenders may also be required to install an ignition interlock device in their vehicle.
Possible Defenses for a Drug DUI Charge in Idaho Falls
If you are facing drug DUI charges in Idaho, several defenses may be available to challenge the evidence or the circumstances of your arrest. An experienced well trained Idaho Falls DUI lawyer will thoroughly evaluate your case to identify possible defenses that could help protect your rights and secure the best possible outcome, such as:
Challenging the Stop
One common defense involves questioning the legality of the traffic stop. Law enforcement must have reasonable suspicion or probable cause to pull you over; if they did not, any evidence collected during the stop could be inadmissible in court.
Contesting Chemical Test Results
Another potential defense is challenging the requesting of an evidentiary test and the results of said test or field sobriety tests. Drug detection methods, such as blood or urine tests, can sometimes produce inaccurate results due to improper handling, contamination, or flawed testing procedures.
The subjective nature of drug impairment assessments can also work in your favor. Officers often rely on their personal observations to claim impairment, but these signs may have alternative explanations unrelated to drug use.
FAQs on Drug DUIs in Idaho Falls
Can you be charged with a DUI if you had a prescription?
Yes, even legal prescription medications can result in a drug DUI charge if they impair or effect your ability to drive safely. Common examples include medications for anxiety, pain, or sleep disorders. Always check medication warnings and consult your doctor about potential side effects before driving.
Can I refuse a chemical test in a drug DUI case?
You have the right to refuse a chemical test, but doing so can lead to severe administrative penalties, including a one-year absolute license suspension for a first offense. Refusal may also be used against you in court as evidence of impairment. Additionally, most police cars have computers in the car. This allows an officer to quickly type up a request for a search warrant to force a blood draw from you. Thus you may end up facing the refusal penalties and the officer still gets his blood to test.
Are field sobriety tests reliable in drug DUI cases?
Field sobriety tests are not always reliable indicators of drug impairment. Many factors, such as medical conditions, fatigue, or anxiety, can affect performance. An attorney can challenge the validity of these tests and whether they were administered correctly.
Do drug DUIs stay on your record in Idaho?
Yes, a drug DUI conviction will remain on your criminal record permanently in Idaho. However, there may be options to have your record sealed under specific circumstances. It’s important to consult an attorney to explore your options.
Contact an Idaho Falls Drug DUI Lawyer Today
If you were arrested for a drug-related DUI offense, you could have many defenses available to you. A law enforcement officer may have committed a violation of search and seizure laws if he or she pulled you over and searched your vehicle without reasonable suspicion or probable cause. The sooner you act, the better your chances of achieving a favorable outcome.
Contact our firm today to schedule your case evaluation or to speak with our knowledgeable team to learn more about how we can help with your particular case.
