Like other communities throughout the country, North Idaho enjoys a holiday season filled with festive gatherings, company parties, and family celebrations. Many of these celebrations and parties involve alcohol, and that means this is also one of the busiest times of the year for DUI arrests. To prevent harm and injury, law enforcement officers tend to step up patrols between Thanksgiving and New Year’s to be on the lookout for drivers who may be under the influence.
First, some advice: if you’ve consumed alcohol, do not get behind the wheel. No matter how well you think you’re functioning, you are not functioning at peak capabilities, and the icy roads in and around Coeur d’Alene, Rathdrum, Hayden, and Post Falls on a dark winter night are not always safe—even in the daytime when you’re sober and wide awake. You should never place your life, that of your passengers, or those of others on the road at risk by driving under the influence of drugs or alcohol.
At Sullivan Law Office, PLLC, a criminal defense firm in Coeur d’Alene, Idaho, that handles DUI cases, we know that even when you know what not to do, things happen. We also know that not everyone who gets stopped for a DUI is drunk or over the legal limit. If you find yourself stopped by police (whether or not you’ve had a few drinks), understanding what happens next can make a difficult situation a little less intimidating. Here’s what you can expect during the DUI arrest process in Idaho, from the traffic stop to the booking stage, and things you can do to protect your rights every step of the way.
1. The Traffic Stop
Most DUI cases start with a routine stop. An officer may pull you over for:
- Swerving or other erratic driving
- Speeding
- Sudden braking
- Missing a stop sign or stop light
- A broken taillight or other minor traffic violation
Law enforcement officers will also be on the scene if you become involved in a minor accident, even if it is caused by sliding on the ice and not by driver error. During the encounter, the officer will observe your behavior, looking for signs of impairment: slurred speech, odd behavior, bloodshot eyes, or the smell of alcohol. You’ll be asked questions about where you’ve been, whether you’ve been drinking, and how much you’ve had.
Be aware that you are required to provide your driver’s license, registration, and proof of insurance. Beyond that, you have the right to remain silent, and should exercise that right. You do not have to answer any questions about alcohol use or where you’ve been.
2. Field Sobriety Tests
If the officer suspects impairment, you may be asked to perform field sobriety tests (FSTs) such as walking a straight line, standing on one leg, or following a pen with your eyes. These tests are optional in Idaho. You can politely decline without automatic penalties, though the officer may still arrest you if they believe they have probable cause. Remember, nervousness, fatigue, or uneven ground can cause sober drivers to appear impaired, so don’t panic.
3. The Arrest
Once you’re placed under arrest, the officer will:
- Search you for safety reasons
- Transport you to a jail facility or testing facility
At this stage, stay calm and respectful, and do what the officer instructs you to do; arguing or resisting can not only lead to additional charges, but anything you do or say may harm your case.
4. Chemical Testing (Breath, Blood, or Urine)
Under Idaho’s implied consent law, anyone who drives in the state automatically agrees to take an official chemical test after a lawful DUI arrest. Refusing this test carries immediate penalties, including:
- One-year license suspension for a first refusal
- Two-year suspension for a second refusal within 10 years
Even if you are sober, refusing the test is itself a violation that will impact your driving rights. If you comply and the test shows a BAC of 0.08% or higher (or 0.02% for drivers under 21), you avoid this additional charge and may still challenge the results in court later.
5. Booking and Release
After chemical testing, you’ll be taken to jail for booking, which includes fingerprinting, photographing, and entering your information into the system. Depending on your record and circumstances, you may be:
- Released on your own recognizance
- Required to post bail before release
If you have not retained an attorney yet, after your release is the ideal time to contact one so you can review everything while the events are still fresh in your mind.
6. What Happens Next
Within a few days, you’ll receive a court date for your arraignment, where you’ll be formally charged. At that point, legal representation is essential. A skilled Idaho DUI attorney will be able to investigate:
- Whether the traffic stop and arrest were lawful
- Whether field or chemical test results are reliable
- Whether alternative sentencing or reduced charges are possible
Take DUI Charges Seriously This Holiday Season
A DUI conviction in Idaho can lead to fines, license suspension, mandatory education programs, and even jail time. More importantly, it can affect your job, insurance rates, and reputation for years to come. Don’t risk it.
If you’re celebrating this holiday season, plan ahead: use a designated driver, call a rideshare, or arrange to stay the night. But if you do get arrested for DUI, don’t face it alone. Contact Sullivan Law Office as soon as possible after a DUI arrest. Our experienced Idaho DUI defense attorneys will help you understand your rights, guide you through the court process, and fight for the best possible outcome so you can move forward with your life.
The above is intended to provide general legal information only; it does not constitute legal advice for any specific case or individual.