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Brandon M.
Brandon M., Counselor at Law
Category: Traffic Law
Satisfied Customers: 12620
Experience:  Licensed Attorney
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I have a question about a dui. idaho, yes my wife was

Customer Question

hi i have a question about a dui.
JA: What state are you in? It matters because laws vary by location.
Customer: idaho
JA: Has anything been filed or reported?
Customer: yes my wife was charged with a dui and obstruction of justice because she didn't want to take a test
JA: Anything else you want the lawyer to know before I connect you?
Customer: ya i just need to know what the law was she wasn't in the drivers seat and the car was off when the authorities arrived on scene
Submitted: 6 months ago.
Category: Traffic Law
Expert:  Brandon M. replied 6 months ago.

Good evening. Regardless of whether your wife was in the drivers seat and whether the car was on when the authorities arrived, do they have reason to believe that she operated the vehicle while under the influence?

Customer: replied 6 months ago.
they said they did but because she was the only one there the driver left. and she was the only who stayed
Expert:  Brandon M. replied 6 months ago.

Do we know what her blood alcohol content was?

Customer: replied 6 months ago.
no not right now they didnt tell her.
Customer: replied 6 months ago.
is she gonna get convicted?
Expert:  Brandon M. replied 6 months ago.

She refused to submit to the breath test -- does she suspect that she was solidly under the influence?

Customer: replied 6 months ago.
she was but she took the blood test
Customer: replied 6 months ago.
that is it she can be charge for doing something that she never did. because they suspect she did it?
Customer: replied 6 months ago.
should we even bother to get a lawyer if she is just gonna get convicted without anything saying she drove at all?
Customer: replied 6 months ago.
i just need to know if my wife is gonna go to jail for this so i know what to do this will be her third one in ten years
Expert:  Brandon M. replied 6 months ago.

Hi again. It's not that she can be charged for something that she never did because they suspect that she did it. The police weren't there when it happened, so it comes down to evidence. If the evidence shows, beyond a reasonable doubt, that she drove while under the influence, then she will be prosecuted. It's like if you heard a scream outside your home followed by gun shot, so you run out to see what happened, and you find ***** *****ks holding a smoking gun pointed at someone lying dead on the ground with a gunshot wound--it's certainly possible that someone shot the victim, forced the gun into ***** *****ks' hand, and fled in the moment between when you heard the shot and stepped outside, but what does the evidence show?

​Regardless, the police only need to find that there's probable cause to suspect that a crime occurred to make an arrest -- the case won't be prosecuted unless the district attorney's office believes that the proof against her is beyond a reasonable doubt. The fact that your wife wasn't in the driver's seat and the car wasn't on is significant, but it's not clear on what the other evidence against her might be. So, if she has not yet been summoned to court, she can't yet know with certainty that she's going to be charged. If she is charged, she and her attorney will be able to see all of the evidence against her, consider the evidence in her favor, and only then estimate whether it will actually end in a conviction. If she can't afford an attorney, one may be assigned to her when she first arrives at court.

​I'm never going to tell someone to not get an attorney in a criminal matter. That said, if it was my wife, sister, or mother in her situation, I would probably advise them to wait to see if charges are actually filed before telling her to get an attorney for a first-time DUI. Every situation is different, so she needs to do what is most comfortable for her, but it's normally not that urgent.

​As for jail time, for a first-time DUI and "obstruction" charge, if there's no bodily injury or property damage, and if the driver is age 21 or older, there's normally not any jail time whatsoever unless the person's Blood Alcohol Content was 0.20 or higher -- 2.5 times higher than what is needed to be under the influence. If the driver was "sloshed", jail time is more likely, usually around 10 days in custody.

Let me know if further clarification is needed, and please feel free to leave a rating once you are finished. (It doesn't cost anything extra to do so and it is the only way that I may be credited for my answers.) Thank you!