If you are viewing this website, then chances are you have been or soon will be charged with Driving Under the Influence ( DUI ) in the State of Idaho. Feeling embarrassed, confused and wondering what will happen next is normal. We understand the situation and WE CAN HELP!
WHAT YOU ARE FACING…
With the constantly changing state of the law, I can’t fully advise you of what you are facing until we meet and I review the charges against you, however, some general guidelines are set forth in the tables below i.
DRIVER’S LICENSE SUSPENSION
If you have been arrested for a DUI in Boise, you need to understand that you are facing two separate proceedings. The first proceeding is a license suspension proceeding with the Idaho Department of Transportation. If you fail to request a hearing challenging your license suspension within 7 days ii of your notification of license suspension, typically issued at the time of your arrest, your license will automatically be suspended as follows: iii
| Number of DUI’s | Did you refuse or fail the breathalyzer, blood or urine test? | License Suspension Period | Fine |
| 1st DUI | Took test and failed | 90 days | None |
| 1st DUI | Refused test | 1 year | $250 |
| 2nd DUI in 5 year period | Took test and failed | 1 year | None |
| 2nd DUI in 10 year period | Refused test | 2 years | $250 |
CRIMINAL PENALTIES
The maximum penalties are as follows (please note, the license suspensions below are generally in addition to those imposed by the ITD suspensions outlined above and generally do not commence until you are released from confinement)iv:
| Number of DUI’s | Degree of Impairment | Penalties |
| 1st DUI | 08 or above but below .20 | -180 days jail -2 years probation -$1,000 fine -180 day license suspension |
| 1st DUI | .20 or above | -1 year in jail -2 years probation -$2,000 fine -1 year license suspension |
| 2nd DUI within 10 year period | .08 or above but below .20 | -1 year in jail -Probation TBD by the Court -$2,000 fine -1 year license suspension |
| 2nd DUI within 10 year period | .20 or above | -5 years in prison -Probation TBD by the Court -$5,000 fine -5 year license suspension |
| 2nd DUI within 10 year period | .20 or above | -5 years in prison -Probation TBD by the Court -$5,000 fine -5 year license suspension |
| Third or greater DUI in 10 year period | .08 or greater | -10 years in prison -Probation TBD by the Court -$5,000 in fines -5 year license suspension |
Please note, if you have aggravating factors in connection with your Boise DUI, for example, you were involved in an accident and someone was seriously injured while you were driving under the influence, you may be subject to additional charges and/or penalties of up to 15 years in prison, up to a $5,000 fine and up to a 5 year suspension of your driver’s license that starts to run after your release from confinement v.
BUT I WASN’T DRUNK!
If you have a legitimate legal defense and I take your case, I will vigorously defend your rights.
THEY GOT ME, I WAS DRINKING AND FAILED THE TESTS, IS THERE ANYTHING I CAN DO?
YES!!!! There are many defenses to a charge, for example, if the police did not have a valid reason for pulling you over or did not follow proper procedures in administering the DUI tests, you may be able to successfully challenge your charges, even if you actually failed your DUI tests.
CAN I REPRESENT MYSELF OR CAN AN ATTORNEY GET ME A BETTER DEAL?
Yes, you can represent yourself, the question is, should you? The law is a complicated insider’s game, you need someone who knows the law protecting your rights. From my observations, even where a client is 100% guilty and there is no valid legal defense, a competent Boise DUI lawyer will generally negotiate a better plea deal than an individual representing themselves. The absence of an lawyer may make the prosecutor feel he/she can get an easy conviction in your case so he/she may not be willing to make you a good offer or compromise on any offer made. Additionally, if the prosecutor makes you an offer, how will you know whether it is a good offer or whether you could get a better deal? Prosecutors are generally experts at plea negotiations and know how to apply pressure in plea negotiations. They may give you just a few minutes or seconds to accept the plea agreement or threaten to go to trial on your matter. Do you want to make a decision like that on the spot without knowing whether you are getting a good deal or not? Finally, if there is a technical legal issue that could lead to a dismissal of your case, most non-attorneys will miss the issue.
BUT WHAT ABOUT THE COST?
First, let me make one point clear, I CHARGE FLAT FEES FOR DUI’S, so you will know what your maximum lawyer’s fee will be when you hire me. No one wants to pay a lawyer, however, is the money you would save representing yourself worth additional days, weeks, months or even years in prison? How will incarceration or loss of your driver’s license for an extended period of time affect your job or otherwise disrupt your life? While no lawyer can make any guarantees in a DUI case, competent Boise DUI lawyers routinely either successfully defend the charges against their clients or, even where the client is guilty, generally settle cases substantially below the maximum penalties.
WILL YOU CHARGE ME FOR THE INITIAL CONSULTATION?
NO! THE INITIAL CONSULATION IS FREE with no further obligations or strings unless you agree to hire me to represent you in the case.
IF I HIRE YOU, CAN I PAY WITH MY CREDIT CARD?
Yes, I accept major credit cards, personal checks, cashier’s checks and money orders.
DON’T LOSE YOUR RIGHTS BY DELAY, CALL ME TODAY TO SET UP A FREE INITIAL CONSULTATION!
Call me at (208) 440-8173, I will try and get you in the office today if possible. Let me help guide you through the process and fight for the right result for you.
I want your business. However, whether you hire me or not, I urge you to retain competent legal counsel as soon as possible to protect your rights. Whether you hire me or not, I wish you all the best in reaching proper resolution of your case.
Footenotes
i Please note, these are general guidelines for informational purposes only and may not be an exhaustive list of the charges or possible penalties you are facing. Obviously, if you have been charged with additional crimes, you are subject to additional penalties. Furthermore, many factors, such as degree of impairment, whether an accident was involved, whether someone was injured or killed in the accident and your prior driving and criminal history come into play in determining what penalties you are facing. These general guidelines are not intended as a substitute for meeting with a competent attorney to review the charges against you and to fully advise you regarding the possible penalties you may be facing. You are not to take any action or inaction based on these guidelines and the undersigned specifically disclaims any liability for the same.
ii See footnote i, the disclaimer set forth therein applies to these general guidelines as well.
iii No later than 5 p.m.
iv See footnote i, the disclaimer set forth therein applies to these general guidelines as well.
v See footnote i, the disclaimer set forth therein is equally applicable to these general guidelines as well. Further, the court may impose certain additional penalties or requirements, for example, the law or the court may require alcohol abuse evaluations and participation in a victim’s panel. Additionally, if you are under 21, your penalties may differ from the chart above.
vi Please note, I have not agreed to represent you at this point, an attorney-client relationship will not exist unless and until we enter into a written and binding attorney-client retainer agreement.
