Idaho DUI Attorney

Idaho DUI Attorney




Idaho DUI Law

Idaho is one of the many states where a DUI offense will consequence in two different kinds of situations. One is the criminal charges you will confront for driving under the influence. DUI is a criminal offense in Idaho, so these charges will be pressed against you if you have been arrested for this kind of offense. Another kind of case you will confront is administrative in character and involves your Idaho driving privileges. If you are unsuccessful in defending yourself in this administrative case, you will lose your driving privileges and may be unable to continue to provide for your family. Because the consequences of both the criminal and administrative situations have the possible to make your life difficult, it is important that you contact an Idaho DUI lawyer who can work with you to present a defense that gives you the best chance of beating the charges or minimizing the penalties against you if you are convicted.

DUI Laws in Idaho

Idaho is one of the many states that have two types of prosecution theories used in driving under the influence situations. The first is the “under the influence” theory. This kind of case is prosecuted on the basis of a driver’s impairment. If a driver has consumed alcohol and is impaired so that he or she cannot function a means as safely as they could have if alcohol had not been consumed, they are considered impaired. In this kind of case, the prosecutor uses information from the law enforcement officers involved in the arrest to determine if a driver was impaired. Dangerous driving patterns, the smell of alcohol on the driver’s breath, and the driver having an intoxicated turn up are all types of information that can be used to show impairment.

The second theory is the same as in many other states. This is the “per se” theory and method that prosecutors do not have to show that a defendant was impaired when driving. This method that, already if the driver did not have alcohol on the breath or did not perform any dangerous driving, they can nevertheless be charged with driving under the influence. In this kind of case, the prosecutor simply has to show that the driver’s blood alcohol content limit surpassed the Idaho legal limit of 0.08%. This can be shown by introducing the results of chemical testing into the criminal proceedings. A skilled Idaho DUI lawyer can help you to defend yourself against these charges by introducing expert witnesses that may be able to show that the tests were unreliable.

Administrative Penalties

As with other states, there are administrative penalties for a driving under the influence offense in Idaho. These administrative penalties are separate from any criminal penalties that may be imposed if you are convicted of driving under the influence. One of the penalties is imposed for refusal to submit to chemical testing. In Idaho, having a valid driver’s license method that you are implying your consent for chemical testing if a law enforcement official asks you to submit to this kind of test. If you refuse to consent to chemical testing when asked to submit, you confront a 180-day license suspension. Your license will be confiscated and the officer may issue a permanent 7-day license. You will be given seven days to request a hearing of your case. If you miss the deadline, you will lose the opportunity to have a hearing and the permanent license will expire after 7 days. If you take a chemical test and go beyond the legal BAC limit, your license will be confiscated and the officer will issue a permanent 30-day license. You are given 7 days to request a hearing; if you do not, your license will be suspended for 90 days with the opportunity to receive a restricted license after 30 days of the suspension. For second and later offenses, your license will be suspended for one year with no opportunity for a restricted permit. Having an Idaho DUI lawyer defend you in your administrative hearing can help you to minimize any administrative penalties and can also help you to prepare for the criminal charges you confront.

Criminal Penalties

The criminal penalties for driving under the influence in Idaho may include a combination of jail time, fines, and other penalties as determined by the court. These penalties increase with later offenses and with enhancements allowed for specific circumstances. The criminal penalties for a first offense are 2 days to 6 months in jail, a fine of up to $1,000, alcohol evaluation, driver’s license suspension, 1 to 2 years of supervised probation, and mandatory attendance at a victims’ panel. The penalties for a second offense include 10 days to one year in jail, fines of up to $2,000, license suspension of one year with absolutely no driving, installation of an ignition interlock device in the offender’s means for one year after license suspension ends, alcohol evaluation, mandatory attendance at a victims’ panel, and 2 years of supervision that may be supervised. A third DUI offense makes the penalties more harsh. Penalties for a third DUI include a fine of up to $5,000, 30 days to 5 years of jail time, supervised probation, and suspension of the driver’s license for 1 to 5 years. A third DUI offense will be charged as a felony if it occurs within 5 years of a first offense or if a felony DUI conviction occurred within a 10-year time period. These penalties have the possible to rob you of your freedom and your ability to provide for our family. Contact an Idaho DUI attorney so you can present the best possible defense for your DUI case.




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