Alcohol & Drugs: DUI, DWI Complicated DUI in Idaho

[alpskirent]

On Oct 31 I had been drinking and foolishly tried to drive home. I drove off the side of the road. Someone driving by with a cell phone called in the accident. A little over 6 minutes later a police officer arrived. I was leaning against the car. I admitted to him that it was my car, I had been driving and I had been drinking but didn't remember how much. In the police report he stated I smelled of alcohol, bloodshot eyes etc plus failed the 3 field tests. An ambulance arrived, I told them I didn't need medical attention but they made me get in. The police report stated that I said I didn't want to go. At the hospital they read me my rights to refuse a blood test but that's an automatic suspension in Id. The Dept of Transportation got the results on Dec 17, they sent me a letter revoking my license for 90 days. My alcohol level was .29. I tried to appeal on the grounds that I was never arrested, which Idaho code requires, but they refused saying that I was in custody. I have not yet received a criminal complaint but they have a year to file one. I'm expecting a charge of exessive. I would like to try to get this knoked down to a regular DUI charge. Anyone have any advice or see anything I can use in my defense. My only thought is to admit to being drunk when I drove off the road, but claim I drank alot more in those 6 minutes which would invalidate the blood test reading(it took half an hour to get to the hospital, time for the alcohol to register). There were empty wine bottles in the back of my car. Thank you.

 

[Michael Wechsler]

Nobody can tell you or should advise you that you should make up a story. In fact, an attorney who does so can lose his license if he/she suborn's perjury. You've got a problem here and you'd best speak to a DUI attorney since the details of the case may provide you with a better defense or negotiation.

Originally posted by alpskirent
On Oct 31 I had been drinking and foolishly tried to drive home. I drove off the side of the road. Someone driving by with a cell phone called in the accident. A little over 6 minutes later a police officer arrived. I was leaning against the car. I admitted to him that it was my car, I had been driving and I had been drinking but didn't remember how much. In the police report he stated I smelled of alcohol, bloodshot eyes etc plus failed the 3 field tests. An ambulance arrived, I told them I didn't need medical attention but they made me get in. The police report stated that I said I didn't want to go. At the hospital they read me my rights to refuse a blood test but that's an automatic suspension in Id. The Dept of Transportation got the results on Dec 17, they sent me a letter revoking my license for 90 days. My alcohol level was .29. I tried to appeal on the grounds that I was never arrested, which Idaho code requires, but they refused saying that I was in custody. I have not yet received a criminal complaint but they have a year to file one. I'm expecting a charge of exessive. I would like to try to get this knoked down to a regular DUI charge. Anyone have any advice or see anything I can use in my defense. My only thought is to admit to being drunk when I drove off the road, but claim I drank alot more in those 6 minutes which would invalidate the blood test reading(it took half an hour to get to the hospital, time for the alcohol to register). There were empty wine bottles in the back of my car. Thank you.