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Do you actually have to be driving to be charged with a DUI in Idaho? No!

The answer is NO. To be charged with driving under the influence in Idaho, the standard is “actual physical control.” What does that mean? Well, Idaho law defines “actual physical control” as being in the driver’s position of a vehicle with the motor running OR with the vehicle moving. For example, this means you could be charged with a DUI if you get into the driver’s seat of a car and turn the engine on so you can run the heater to keep warm. Many people think they have made a safe and responsible choice by deciding not to drive after drinking. However, you can be charged with a DUI in Idaho. Even if you are sleeping! Police can, and absolutely do, charge people for a DUI in these circumstances.

Another common question about DUIs is whether police actually have to see you driving to charge you with a DUI? The answer is also NO. Police get reports of a drunk driver and find that person after they got home or to another destination. The officer NEVER saw that person driving. Can they still charge a person with a DUI? Yes.

Now, whether this charge will stand up in Court is entirely a different question. If you have been charged with a DUI, contact Elcox Law or call (208) 994-0911 immediately to discuss your rights and defenses. Ask for your free consultation!

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