More Idaho drunk drivers face felony charges

IDAHO FALLS (AP) - The number of felony prosecutions of drunk drivers in Idaho increased 25 percent in 2010 from the previous year, state officials say.

The recently released Idaho Supreme Court Report also said felony DUI filings are up 100 percent since 2006.

Bonneville County Deputy Prosecuting Attorney Danny Clark said the increase in felony prosecutions is the result of a 2006 change in the law and enforcement. He said the Idaho Legislature made a change so that a person convicted of two DUIs in the last 10 years faced a felony if caught driving intoxicated a third time. Previously, the length of time was five years.

He also said greater use of blood tests could be a factor in the increased felony DUI filings. Drivers who refuse a Breathalyzer, under Idaho law, are subject to a blood test without the subject's consent.

"All of our local agencies now request a breath test," Clark told the Post Register. "If (people) say no, generally speaking, (police will) take them to the hospital and perform a blood test. That has raised the level of felony convictions over the last couple years."

He noted that when a person gets an Idaho driver's license, they consent to have their blood, breath or urine tested to determine if they are driving intoxicated.

"To be very frank, at this point the challenges (to cases) have really subsided quite a bit by having that blood draw," Clark said.

Idaho Falls attorney John Cutler said a third of his practice involves DUI cases, partly because if a person is found guilty it could lead to a loss of driving privileges.

"In New York, you can hop on a subway if you lose your license," he said. "Oftentimes with my clients, losing your license means losing your job."

Idaho Falls Police Officer Paul Murray said motorists can also be ticketed for driving under the influence of some prescription drugs.

"A lot of people on a prescription are under the misconception that it's still OK to drive," Murray said. "So many people (who've been pulled over) have stated that they're unaware that it is illegal."