If you are a jerk, you will be treated like a jerk. Playing nice can get you out of a lot of problems. Produce your License, Registration and Proof of Insurance. You are required to properly identify yourself. Don't admit to drinking however.
Request the Breath Test
Do not admit to drinking. Refer to No. 1 above and politely request a breath test. Yes, this may be used later to prove you are over the legal limit. However, refusing a breath test is grounds for an automatic license suspension of 1 year minimum. Especially if you do not feel you are intoxicated, you should give the breath sample. Idaho law does allow officers to take you to a hospital and forcibly draw your blood. So refusing the test is only going to cause you pain and loss of license. Yes it can be used to prove you are over the legal limit, but, that may happen anyway with a blood draw and, then you have the automatic license suspension on top of that. If this is your potential first offense you are only looking at a maximum of 6 months suspension if convicted.
Refuse to do the field sobriety tests
Field Sobriety Tests are the performance tests done on the side of the road. These may include the walk and turn, one leg stand and horizontal gaze nystagmus tests. Unlike the breathalyzer refusing these tests cannot result in a license suspension. They unnecessarily delay the stop, and can be used to convict you of DUI (theoretically) even if you refuse the breathalyzer. Field Sobriety Tests are supposed to be standardized, meaning that they are administered the same way by everyone, however, there is still great variation in how these tests are given. If you are over the limit passing these tests won't save you. If you are under the limit they may hurt you. This amounts to testifying against yourself DON"T DO IT!! DO remember to be polite in refusing however. Best Rule of thumb, "May I Please give you a breath sample? I do not wish to do the other tests."
Do not answer any questions
Do not answer any questions except to give your identification, registration and insurance information, and to request the breath test. You have the right to remain silent, please use it, it will benefit you greatly. This includes not writing any statements for law enforcement as to any of the events.
Call an attorney as soon as possible
You do not have the right in Idaho to consult with an attorney prior to giving a breath sample. However, you should consult with an attorney as soon as possible after the breath test.
Write your own account
As soon as possible write down for yourself and your attorney exactly what you recall happening. This includes what you were doing when you were pulled over or contacted by the officers. Everything the officers said and did, as well as what you said and did in the order it took place. Timing is of vital importance in many cases. This written account is especially important if there was no on board video in the patrol car. You should have this writing witnessed (and signed) by someone else as well.
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