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Can I Get Arrested for DUI if I Never Intended to Drive?


You’re likely to get a DUI charge in Idaho when you drive after consuming a lot of alcohol. That’s because you owe other motorists a duty of care to drive in a way that doesn’t harm them. Alcohol intoxicates and, most times affects your ability to make rational road decisions as you move. It’s the same thing for drugs.

Getting a DUI charge can be troubling, especially when you consider the steep penalties that follow it. Therefore, it’s wise to avoid a charge in the first place. You may try to do this by drinking in a parked car instead of driving as you drink.

Unfortunately, that may not help at all. You could get arrested for driving under the influence even if you didn’t intend to drive. We’d discuss this in detail in this article. Meanwhile, if you have a DUI charge in Idaho, our Boise DUI attorneys can help you out.

What Amounts to DUI in Boise, Idaho?

Every state has its recommended BAC (blood alcohol concentration). BAC refers to the percentage of alcohol in your bloodstream after you’ve drunk. The higher the alcoholic content in your drink, the more your chances of having a high BAC. Other factors that affect your BAC levels include your body size, gender, nutrition, etc.

Your BAC determines how much effect the alcohol you consume has on you. Therefore, Idaho recommends a maximum BAC level of less than 0.08% for drivers. Every motorist controlling a car on Idaho’s highways or public property must comply with the above minimum. Otherwise, such a driver will be guilty of DUI.

What if I Never Intended To Drive While Intoxicated?

In many cases, like murder, intention to commit the crime is an important consideration for determining guilt. Intent, however, doesn’t apply to being in control of your car while intoxicated. In other words, it’s no defense that you didn’t intend to drive. So long as you appeared to control your vehicle, you could be guilty of driving while under the influence in Idaho.

That’s because, for Idaho, two things matter in determining DUI. The first is that you were intoxicated while in actual physical control of your car. The second is that you were on a highway, in public, or on private property with public access.

There are many situations where you can be in actual physical control of your car without intending to drive it. For example, imagine that you’re eating in your car with your keys on the ignition and the engine running while intoxicated. The mere fact that your key was on the ignition shows that you are in control of your car. That could automatically make you guilty of driving while under the influence while immobile, even if you never wanted to drive.

In some other jurisdictions, merely sitting in the driver’s seat gives the impression that you’re in control of the car. As such, you’d be guilty of DUI even if the key wasn’t on the ignition and the engine wasn’t running. So, it’s always a wiser option to remain in the passengers’ seat or not attempt driving after drinking. That’s because your intention is immaterial if you are in a physical position that proves that you’re in control of your car.

How To Fight a DUI Charge

The penalties for DUI in Idaho are quite severe. It all depends on the severity of your case and if you’re a first-time offender or not. Usually, first-time offenders may get a suspended license, fines, and up to 6 months jail term in severe cases. For second and subsequent offenses, the offender risks a jail term of up to one year and five years, respectively.

Having a DUI charge can be scary, but it isn’t the end of the world.  There are many ways you can defend yourself or challenge the DUI charge. For example, the police officer may have violated legal procedures to get you arrested. As such, any evidence they gather against you will be inadmissible.

The key to fighting a DUI charge is to get a qualified Boise DUI lawyer to defend you. Your attorney will assess your chances of success and find ways to get you off the hook.

Contact Trilogy Law Group Immediately 

Do you need a competent Boise DUI attorney for your DUI charge? Then our Boise DUI lawyers at Trilogy Law Group are always ready to defend you. With our vast experience in helping our clients avoid DUI convictions, we’re the best-suited attorneys for your case. Contact us immediately; we are waiting to hear from you.