If you are getting arrested or detained by police, it is vital that you know your rights and responsibilities. Knowing such information is the first step to a successful criminal defense. 

A good place to start is an overview of your Miranda rights. The Miranda rights originated in the U.S. Supreme Court’s 1966 decision of Miranda v. Arizona , where it was established that suspects of a crime must be advised of their rights before interrogation. These rights include the right to remain silent and the right to an attorney. It is important to note that police do not have to read you your Miranda rights unless they are going to question you. 

In this vein, it is important that you do not volunteer to give the police a statement, as it may and likely will be used to incriminate you in court. The only responses you are legally obligated to respond to is your name, address, insurance, and registration (if you are operating a motor vehicle).  If this is not the case, politely decline, saying something along the lines of, “I would like to have my lawyer present if I am going to answer any further questions”. Do not be phased if they ask you again, or try and pressure you into making an incriminating statement. It is perfectly allowed for officers to lie and trick you to get information, don’t be tricked! 

Instead of giving a statement, one thing you can ask is if you are being arrested. The police can arrest you in three different situations: if the officer saw you commit a crime, if the officer has probable cause that you committed a felony, or if a judge issues a warrant based on probable cause. If you ask the officer and his/her justification does not fit one of these cases, you are legally allowed to leave. Please do so calmly. 

If you do find yourself in a situation where you are being arrested, allow the police officers to direct you where to put your hands, and how to move. Be polite and respectful to the police officers. Resisting, talking back, or running from the scene will always end badly, and has the potential to add additional charges that law enforcement may claim were the reasons for your arrest. 

It is imperative that you contact a lawyer as soon as possible. A skilled criminal defense lawyer will be able to provide counsel and support as you navigate the arrest and preliminary hearing in your first 24 hours in local lockup. In addition, they can make sure that the State is being held accountable for their actions and treatment of you. Call Bolton Law at (208) 306-3360  if you ever find yourself in a situation similar to the one described in this blog post, we would be happy to talk thoroughly with you about your case and help you to assert and protect your rights. 

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One of the most common questions that criminal defense lawyers receive from clients, friends, and family alike is, “What should I do if I get pulled over after I have been consuming alcohol or other drugs?” Here is what you need to know about DUI convictions in Idaho. 

In legal terms, the Idaho law is very clear, it is illegal to drive or be in actual physical control of a motor vehicle while under the influence of drugs or alcohol. By definition of Idaho Code § 18-8004, an individual is under the influence if their driving is impaired in some identifiable way, based on the “totality of the evidence”. This evidence can include failed sobriety tests, an admission made by the driver, lab results, and driving patterns. It is important to note that you may be convicted of a DUI without the direct evidence of a failed breath or blood test. In fact, the most common evidence used in DUI cases is the circumstantial evidence of the video/audio recordings, of the driving pattern before the stop, the officer’s interactions with you during the stop, to include how you perform on standardized field sobriety tests (SFSTs), your speech pattern (slurred speech for example), and what you may say or do after you have been placed in the back of a patrol vehicle (you are being recorded).. 

Starting at the beginning, when you are getting pulled over make sure to do so in a calm, orderly manner. Remember, everything about the stop, including your driving right before the stop, is being recorded. As mentioned before, this evidence is often some of the most compelling evidence that is used in court.

Idaho officers are required to ask for (and you are required to answer) your name, address, driver’s license, insurance, so make sure you have all of these available when being stopped. Otherwise, it is in the best interest of your case to remain silent and not answer any of the questions relating to your sobriety or pre-driving activities. Even though you might feel the need to explain your sobriety/driving patterns to the officer, everything you say is recorded and may be used to convict you in court. Instead, make sure to politely inform the officer that you “understand they have a job to do, but you do not feel comfortable answering any questions without an attorney present.” You may crack your window to present your documents and then close your window.

In terms of completing the breathalyzer and other field sobriety tests, the decision becomes slightly more complicated.  While the state of Idaho does allow civilians to refuse the breathalyzer and other sobriety tests, it may not have the intended outcome of making it harder to be convicted of DUI like many people think. Idaho’s “implied consent” law may actually make it easier. According to Idaho’s Code Section § 18-8002: 

“Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for the concentration of alcohol…or other intoxicating substances, provided that such testing is administered at the request of a peace officer having reasonable grounds to believe that person has been driving or in actual physical control of a motor vehicle in violation of the provisions of section 18-8004, Idaho Code [DUI], or section 18-8006, Idaho Code [Aggravated DUI].”

Even if you have refused the breathalyzer test, a police officer with probable cause can forcibly take and test your blood to determine BAC. Even worse, blood tests are much more accurate and therefore harder to defeat in court. 

A final note on breathalyzer refusal: if refused, you can face an automatic driver’s license suspension, for up to one year. Being absolute , this suspension by the Department of Motor Vehicles disallows any privileges for driving, such as driving to work, school, or medical appointments at all for the year. 

As for other sobriety tests, you are required to step out of your vehicle when asked, but not to complete the tests. We recommend that you do not complete tests, as they are designed to fail: you are not given the opportunity to practice, you are not given the information the officer is looking for, and the officer only needs you to fail a couple of cues to arrest you. The police have to detail probable cause to get a warrant, and if they have enough evidence they will get one anyway. There is no point in incriminating your otherwise innocent self by failing their tricky field tests. 

Overall, Bolton Law would like to reiterate that the best way to stay out of a DUI conviction is to plan ahead of your drinking or drug use. Calling a cab is a small price to pay for the potential costs of DUI charge. If you are pulled over, call Bolton’s offices and we would be glad to talk about your options.

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As seen in the map above, Idaho is surrounded by states that have much less stringent marijuana drug policies. Even up north, Canada passed legislation legalizing the recreational use of cannabis. Under Idaho drug policy however, the laws related to drug possession and trafficking differ greatly. Here, marijuana is still a Schedule I controlled substance. Find below what you need to know if you have brought back legally purchased weed into the state of Idaho. 

First, here’s the law. Anything under three ounces of marijuana is classified as a misdemeanor, where offenders can face up to one year in jail and a fine of up to $1,000. Even as the lowest category of marijuana possession, police can arrest offenders on the spot if they see you in possession of marijuana, or they can issue a misdemeanor citation that comes with a court date. Anything more than three ounces is a felony, subjecting the individual to up to five (5) years in prison and/or fined up to fifteen thousand (15,000) dollars.

As you might guess, these prison sentences and fines are severely increased if the police determine intent to distribute, which is often determined by circumstantial evidence: usually if there are more controlled substances present than could be used by a single person. Scarily, intent to distribute often carries mandatory minimum sentences, which can range from one to five years for having between one to 25 or more pounds of marijuana in your possession. 

Most likely, if you find yourself in the situation of marijuana possession in Idaho, you have driven your legally bought cannabis into the state of Idaho.  Unlike searching your house, police do not need a search warrant to justify searching a vehicle. All they need is probable cause. Probable cause includes seeing something illegal in the vehicle, smelling illegal drugs in the vehicle, using a dog to detect illegal drugs in the vehicle, or obtaining your permission to search the vehicle. Therefore, should an officer ask if he or she can search the vehicle, you have the right to refuse as long as the officer has no probable cause or a warrant signed by a Judge. If the officer attempts to search your vehicle without asking for your consent, you can make it clear that you do not consent to a search. 

Recently, as legalization has spread across surrounding regions, the amount of weed seized in Idaho has increased, both in possession and trafficking cases. For example, based on the most recent data, state troopers seized more marijuana in 2017 than the three previous years combined. “Even though marijuana is legal in surrounding states in Idaho…it’s still illegal and we will strictly enforce it,” stated ISP Trooper Jason Maxfield to a local news outlet.

If you find yourself in a situation where you have been brought Marijuana into the state of Idaho, or if you feel that your car has been unlawfully searched, a good next step would be to reach out to a criminal defense attorney who can assist you in defending these charges. If you have any questions, feel free to call Bolton Law for a criminal defense consultation.  In addition, if you are interested in more criminal defense rights in the state of Idaho, you can find our other relevant blog posts under “Know Your Rights”. If you have any questions, feel free to call Bolton Law for a criminal defense consultation.  

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