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  1. #1
    Join Date
    Jun 2014

    Default First Time DUI Charge, No Chemical Test, Breath Insufficient, Released

    My question involves criminal law for the state of: Idaho

    Colorado resident, DL - Colorado
    First charge
    Clean driving and clean criminal history
    No accident involved
    Only note reported on officer's laptop: "0.122/insuf/insuf"

    Good afternoon guys. Recently was on vacation in Idaho and attended the 2014 Mountain Brewers Beer Festival in Idaho Falls, ID.

    Upon leaving the fairgrounds, I proceeded north on a county road (35 MPH) about 2 miles to an intersection with a small gas station on the east corner. I pulled into the gas station, got out of my car to fuel up, and noticed a State Patrolman behind me. He got out of the car as well, and asked "hello there, where are you coming from?" I responded that I had just come from the beer festival. He then informed me that he had clocked me speeding - 41 MPH on a 35 MPH road, and followed me into the gas station. He asked if I had been drinking, and I said that I had been, at the beer festival. He proceeded to say that he wanted me to do a few "motor-skills" tests to determine my ability to drive. Did the "eye, side to side test", did the "walk the line", and did the "lift one foot and balance". Definitely stumbled/lost balance. He indicated that he also saw my eye twitching. After those three tests, he informed me that I was being placed under arrest for suspicion of drunk driving, he cuffed me, read me my rights, placed me in the back of his squad car.

    He then informed me that he was going to conduct a breathalyzer test, that we needed to wait for 15 minutes, no burping, hiccuping, etc. He read me a disclosure, had me watch him insert a straw, and then asked me to blow in the device. The device then read "insufficient sample". He was cordial, and polite, and explained that perhaps I had touched the blow straw with my tongue. We waited another two minutes for reset, I blew again, and the same result came back, "insufficient sample".

    We then discussed the logistics of my personal car for a few minutes, he informed me that I could turn over my car to my passenger (a friend) if he were below the legal limit. My friend agreed to a breath test, blew under limit, and my car was released to him. Officer typed up some last minute notes on his laptop, the only one I noticed was "0.122/insuf/insuf". I was then driven to the county jail.

    Upon arriving at the county jail, there was an ambulance out front of the booking area, along with several other officers. My officer got out to investigate, and it turns out that a man that was just brought in for booking had had a heart attack and died in the booking room. My officer then told me that he would give me the citation for DUI, and take me back to my hotel. A few of the other officers around my officer's car made a few jokes to me stating that "today was my unlucky, lucky day". . .

    Officer took me back to my hotel, uncuffed me, and gave me my citation. I went up to my hotel room, and approximately 10 minutes later, received a phone call from dispatch saying that my officer had forgotten to give me a piece of paper and asked if I could go back downstairs. I did so, and the officer gave me the carbon copy of the Notice of Suspension. Reason for suspension was not checked: Breath, Blood, Urine, Refusal. No check mark. He then also gave me his business card, along with the name of a local lawyer on the back - he then said, "call this guy, he helped my brother out a while back".

    Retained counsel in Idaho Falls - best I could find, and also a member of the National College of DUI Defense. I also retained the consultation of a personal friend, and DUI attorney in Colorado (home state) to serve as a "second pair of eyes" on ALL evidence received.

    Trying to get in front of this thing the best way I know how. Any other advice?

  2. #2
    Join Date
    Mar 2013

    Default Re: First Time DUI Charge, No Chemical Test, Breath Insufficient, Released

    Two attorneys and you want advice from strangers on the internet.


  3. #3
    Join Date
    Sep 2010

    Default Re: First Time DUI Charge, No Chemical Test, Breath Insufficient, Released

    Sounds like you need to listen to your attorneys. That's a nice novel you wrote but there seems to be plenty to convict you and I don't see anything exculpatory at it's face. I don't know if that was your header line or one that the mods here inserted, but it's patently wrong anyhow. The breath test you took **IS** the chemical test. While I'm sure they'd like to have two runs of the machine, the .122% BAC is probably well enough to show prima facie intoxication. This will be bolstered by the cops testimony of your intoxication based on all those field sobriety tests which would be enough in most cases even without the chemical test. I've seen BAC and FSTs challenged in court, but it takes pretty convincing evidence that they are all invalid.

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