Idaho DUI - DWI Defense Lawyers
Driving Under the Influence Cases (DUI)
In Idaho, being prosecuted for Driving Under the Influence (DUI) can be very serious. The penalties may include a jail sentence, suspension of driving privileges, installation of an interlock ignition device upon reinstatement of driving privileges, costly fines and assessments, and alcohol or drug screening classes. Given these very high stakes it is vitally important to have a qualified attorney to defend your case.
The Law
Before reading this section we recommend you read "Know Your Rights".
Driving under the Influence of Intoxicating Substances
In Idaho, driving or being in actual physical control of a motor vehicle while under the influence of alcohol or other intoxicating substances (methamphetamine, heroin, cocaine, marijuana, etc.) is illegal under Idaho Code.
Evidentiary Testing
Required Tests
In Idaho, in order to get a driver's license one must agree to submit to evidentiary testing of blood, breath or urine to verify intoxication anytime a law enforcement officer requests. Failure to do so will result in an automatic license suspension of 12 months with no possibility of a restricted permit, as well as, a $250 civil penalty. Law enforcement, however, is also required to play either an audio or video explanation of this prior to your refusing the tests. Recent case law also allows the law enforcement officer to acquire an involuntary blood test if a breath test is refused, although this does not happen frequently.
Legal Limit
A blood alcohol level (BAC) of .08 or higher for adults is deemed a failed test and is largely determinative in a DUI charge. However, one can be convicted based on observations of the officers as to the level of impairment without a breath or blood test.
CDL Limit
For drivers of commercial vehicles the blood alcohol level is .04 to .08.
Excessive DUI
A blood alcohol level of over .21 in Idaho is considered an excessive DUI and carries enhanced penalties, including higher mandatory jail terms and longer license suspensions.
Felony DUI
In Idaho once you have been previously convicted of two DUIs within the past ten years, (including any withheld judgments) any subsequent DUI charge is a felony charge. If you have a second excessive DUI within 10 years you may also be charged with a felony.
Potential Penalties
DUI (BAC in excess of .08)
1st Offense - There is a possibility of six months in jail and a $1,000 fine. There is also a 90 day to six month license suspension, however, you may get a restricted permit after 30 days. There is no mandatory minimum jail time.
2nd Offense - Within 10 years, there is minimum 10 day but no more than one year in jail. The first two days must be consecutive and five days must be served in jail. The remaining time can be served on inmate labor detail or as community service. The judge may impose up to a $2,000 fine. There is a one year license suspension with no restricted privileges and you must have an ignition interlock device for one year after the suspension.
3rd Offense (Felony) - There is a possibility of 10 years in prison with a 30 day minimum jail time required and up to a $5,000 fine. Your license will be suspended for one to five years with an ignition interlock device required after the period of suspension. No restricted privileges are permitted.
DUI Excessive (BAC in excess of .20)
1st Offense- There is a 10 day minimum and up to one year in jail and a $2,000 fine. There is a one year mandatory license suspension.
2nd Offense (Felony) -There is a 30 day minimum and up to five years in jail, and up to a $5,000 fine.There is a one to five year license suspension and a certified ignition interlock device must be installed for a minimum of 12 months after the suspension.
Aggravated DUI
3rd Offense (Felony) -This is where the BAC is in excess of .20. There is a 30 day minimum and up to 15 years in jail, and a fine of up to $5,000. There is a license suspension of one to five years and a certified ignition interlock device must be installed for a minimum of 12 months after the suspension.
Possible Defenses
As you can see, Idaho's DUI laws are complex and the penalties are harsh. The attorneys at Keith Barton & Associates, will make sure you understand all of the charges you are facing and the potential legal consequences. More importantly though, our qualified attorneys will determine the best course of action to take in your case and fully explain the potential defenses to your DUI charge. Every case is different, and not all defenses are applicable in a case. The following are examples of the types of defenses our attorneys are accustomed to pursuing in DUI cases:
Lack of "Reasonable Suspicion" to Commence a Stop
Law Enforcement must be able to articulate a "reasonable suspicion" to commence a traffic stop. An officer can not stop or detain a person based solely upon their race, religion, gender, age, sexual preference or for other arbitrary reasons.
Lack of "Probable Cause to Arrest"
Law Enforcement must also demonstrate that there is sufficient "probable cause" to arrest an individual for DUI. Most often "probable cause" is established by an officer's observations (e.g. odor of alcohol, blood shot or watery eyes, slurred speech of a suspect) and their subjective evaluations of an individual's performance on Field Sobriety Tests (FST's).
Miranda Violations
Most people understand that they have the right to remain silent if they are suspected of committing a crime. Law enforcement must advise you of this right if you are in their custody and before they attempt to question you about an allegation. Our lawyers will look at the facts of your case to determine if any statements you made were coerced or elicited improperly by Law Enforcement, or if you were denied the right to counsel.
Insufficient Evidence
You have a right to examine all of the evidence that the State will present against you in a criminal case. That evidence must be gathered correctly, properly preserved, and be sufficient for the State to prove their case against you beyond a reasonable doubt. The attorneys at Keith Barton & Associates, are highly qualified and will analyze all of the police reports, witness statements and other records in your case to insure that your legal rights are protected, and to expose any potential weaknesses in the State's case.
Challenges to the Physical Evidence
The main physical evidence in a DUI case is the breath, blood, or urine sample the State will seek to introduce to establish impairment. You have the right to request an independent sample after your release to compare those results with the State's evidence. The lawyers at Keith Barton & Associates, will examine the State's evidence for any potential flaws in their case that could result in a dismissal of the charges or serve as a basis for an acquittal. The devices used to obtain breath samples must be regularly checked and properly calibrated. The State's personnel must be qualified to extract blood and urine samples, and records establishing a chain of custody of this evidence must be kept.
The foregoing is not a comprehensive list of possible defenses but hopefully demonstrates that it is worth the time and investment to have an experienced attorney to properly analyze your DUI case. At Keith Barton & Associates, we have an experienced criminal defense team that will comprehensively analyze the facts of your case and prepare the best legal defense. The goal in every case is to determine whether a legal or factual argument can be made that can result in a dismissal of the charges or an acquittal after trial, or alternatively, to mitigate the penalties associated with a conviction. Each DUI case is unique and the qualified attorneys at Keith Barton & Associates, will aggressively defend your case.
