What Should I Do If I'm Pulled Over for a Suspected DUI in Boise, Idaho?

Being pulled over on suspicion of driving under the influence (DUI) is a nerve-wracking experience—especially if you're not sure what to expect. In Boise and throughout Idaho, law enforcement officers are trained to observe, test, and document every aspect of a DUI stop. Knowing your rights, responsibilities, and how to conduct yourself during the interaction can have a significant impact on the outcome of your case.

In this post, we'll walk you through what to do (and what not to do) if you're stopped by police in Boise for a suspected DUI.

1. Stay Calm and Pull Over Safely

As soon as you see flashing lights behind you, signal and pull over to the right side of the road in a safe and calm manner. Turn off your engine, roll down your window, and keep your hands on the steering wheel where the officer can see them. Avoid making sudden movements or reaching for anything unless directed to do so.

Why this matters: From the moment the officer sees your vehicle, they're observing everything—how you pull over, your behavior, your speech, and your coordination.

2. Be Polite and Cooperative, But Know Your Rights

Once the officer approaches your window, they will likely ask for your license, registration, and proof of insurance. Provide these documents calmly and without hesitation.

At the same time, you are not required to answer potentially incriminating questions like:

• “Have you been drinking tonight?”

• “How many drinks have you had?”

• “Where are you coming from?”

You have the right to remain silent. Politely respond with something like, “I prefer not to answer any questions without an attorney present.” This protects you from giving statements that could later be used against you.

3. Understand the Field Sobriety Tests

If the officer suspects that you are impaired, they may ask you to step out of the vehicle and perform a series of field sobriety tests (FSTs), such as the walk-and-turn, the one-leg stand, or the horizontal gaze nystagmus (eye movement) test.

In Idaho, you are not legally required to perform field sobriety tests. These tests are subjective and often difficult even for sober individuals. Politely declining may not prevent an arrest, but it limits the amount of evidence that could be used against you later.

4. Know the Consequences of Refusing a Breath Test

Idaho has an implied consent law, which means that by driving in the state, you have implicitly agreed to submit to chemical testing (like a breath, blood, or urine test) if lawfully arrested for DUI.

Refusing a breathalyzer—the roadside portable version, or the evidentiary test at the station—can result in serious consequences, including:

• Immediate license suspension (typically one year for a first refusal)

• Fines

• Potential use of your refusal as evidence of guilt in court

You can refuse the preliminary breath test, but the officer can still arrest you based on other observations.

5. If You Are Arrested, Stay Quiet and Ask for an Attorney

If the officer has probable cause, they will arrest you and take you to a local police station or jail. At this point, the best course of action is to remain silent except to say that you would like to speak to a lawyer.

Do not:

• Try to talk your way out of the arrest

• Plead your case

• Argue with the officer

Everything you say after arrest can be used against you, and it's far too easy to make a bad situation worse.

6. What Happens After the Arrest?

In Idaho, a DUI arrest initiates two separate legal processes:

1. Administrative (License Suspension)
   You have only 7 days from the date of your arrest to request a hearing with the Idaho Transportation Department to challenge your license suspension. If you miss this deadline, your license is automatically suspended.

2. Criminal (Court Case)
   You'll be scheduled to appear in court to face the DUI charge. Penalties can range from fines and community service to jail time, alcohol education programs, and ignition interlock requirements.

Even for a first offense, DUI charges in Idaho are serious and can affect your employment, finances, and personal freedom.

7. Final Thoughts: Be Prepared, Not Paranoid

Getting pulled over for DUI in Boise doesn't mean you're automatically guilty, but the choices you make during the stop can impact your case. The most important things to remember are:

• Stay calm and respectful

• Know your rights

• Don't provide unnecessary information

• Ask for an attorney as soon as you're arrested

If you're facing DUI charges, it's critical to act quickly—especially when it comes to protecting your driver's license and preparing your defense.

While this blog post is meant to inform, not to advise on any specific case, understanding the general rules and your legal rights under Idaho law can make a huge difference when the stakes are high. Be proactive, be smart, and when in doubt, talk to someone who knows the system inside and out.