Breath and Blood Tests

In Idaho, the breath test is chosen by many police officers who have made a DUI arrest. While some lawyers have told their clients that Idaho law does not require them to submit to a breath test, when an officer cannot get someone to blow for the breath test, they often forcibly draw blood to be tested at the Idaho State Crime Lab. While controversial, Idaho courts allow police officers to draw blood from a person arrested for drunk driving and they do not have to get a warrant to do it. However, Idaho police officers must follow exact standards when they take somebody’s blood. Even though an Idaho law enforcement officer may not force someone to take a breath test, they may hold down a person arrested for drunk driving and forcibly take blood from their body. The police could instead choose to take the person arrested for DUI to a hospital, where paramedics take a blood sample.


The Importance Of Blood And Breath Tests

Breath tests calculate the concentration of alcohol in your body. If you are at .08 or higher, the prosecutor may be able to get a DUI conviction, even if it is not able to prove that you were not able to safely drive. Blood tests are also able to determine a driver’s blood alcohol content (BAC). They can be used to check for drugs in somebody’s body as well. If a court throws out evidence of a breath and/or blood test, the state must prove beyond a reasonable doubt that the driver was impaired by alcohol, drugs, prescription medications, or a combination. Because it is easier for the prosecutor to use breath and blood tests to prove a driver was above the .08 legal alcohol limit (or .02 for drivers under age 21), it is an incredible advantage for a defendant when the breath and blood test results are not able to be used. While a motion to suppress (throw out evidence) is one way that a defense lawyer can take in a DUI case, there are other ways to contest breath or blood test results. Scientific experts may be called upon by the defense to challenge the opinions of state experts; challenges to chain of custody challenges may be made. These and other defenses are used at Minert Law Office.

Contact A Boise DUI Defense Attorney

To speak with a criminal defense lawyer about a DUI, DUI drug or other impaired driving offense, contact Minert Law Office in Boise, Idaho. To schedule your free consultation, call 208-991-3394 or contact us by e-mail. Please give us a call. We can help!

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