So, you have been charged with a misdemeanor. Now what?
THERE ARE NO SMALL CASES!
Idaho Criminal Defense and DUI Defense Attorney Blog
Welcome to the Schofield and Young Blog!
Below you will find posts that cover a wide variety of topics centered around Idaho Criminal Defense, including:
- Criminal Defense Strategies
- Idaho DUI Defense Topics and DUI Laws
- Answers to Common Questions
- Advice For Criminal Defendants and Their Families
- Boise (Ada County) Specific Criminal Defense Issues
- Idaho Law and Any Changes
- Idaho Supreme Court Decisions
- High Profile Idaho Criminal Cases
- Firm Case Results
- Observations Made By Our Attorneys
- And Anything Else We Think Might Be Important To The Idaho Community
If you are looking for information and can't seem to find it here, contact us! We would be happy to answer whatever questions we can.
Check back for regular updates!
Can you be Charged with a DUI on a Bicycle?
With Boise being such a bike-friendly city, it's not uncommon for some individuals to ride their bikes home from the bars at night. Although this seems safer than operating a motor vehicle, it triggers the question of whether drinking and cycling is even legal.
Pretextual Stops - Do YOU know why you pulled me over?
The Supreme Court has mandated that in order for a police officer to pull a motorist over for a suspected crime, the officer must have“articulable and reasonable suspicion” that the driver is engaging in illegal activity.
Successful Week Defending DUI Cases - 3 Positive Outcomes
Two DUI cases dismissed and one Excessive DUI successfully negotiated down to a Standard First Offense DUI.
NYT: Alcohol Breath Tests Are Often Unreliable - Don't Trust Them.
These Machines Can Put You in Jail. Don't Trust Them.
Idaho’s New Ignition Interlock System and its Exceptions
Idaho authorities kicked off 2019 with a new law that requires both first-time DUI offenders in Idaho and individuals who refuse to take a roadside test for drugs or alcohol to install an ignition interlock system in their vehicles.
What Factors May Affect A Person's BAC Levels?
Going hand in hand with my last post on how eating may affect your BAC, I decided it was important to provide some information on other factors that may influence BAC levels.
Does Eating Before Drinking Lower My BAC?
What is BAC? BAC stands for "blood alcohol concentration." This is the measure of the amount of alcohol in someone's bloodstream. Blood alcohol concentration is expressed as a percentage – for instance .08%. The higher the number, the more alcohol there is in a person's bloodstream.
Credit Where Credit is Due...Two Boise City Prosecutors Do The Right Thing
Attorneys From The Boise City Prosecutor's Office Do The Right Thing I have to give credit where credit is due. Yesterday, I appeared at a hearing with a young man who had put himself in a very difficult situation. He is college age, a good kid from a good family, with a very bright future. Unfo...
Misdemeanor and Felony DUI: What Is A Sentencing Hearing?
A sentencing hearing is typically the final step in a criminal case. The Defendant has already been found guilty or plead guilty at or prior to this hearing. After both parties have presented evidence and argument, the court will decide which penalties to impose as a result of the conviction.
The New DUI Laws In Idaho Are A Mess And You Should Be Upset
An interlock device requires the operator to blow into the system before the vehicle will function; if the device finds alcohol in the driver's system the vehicle will not function. Previously, individual judges had the discretion to decide if an interlock device was necessary on a case-by-case basis. For the most part, this meant that interlock devices were only required for repeat offenders.
DUI: Indicators Of Intoxication
Pursuant to Idaho law, officers must have multiple indicators of intoxication in order to initiate a DUI investigation. The first is almost always "driving pattern" (the reason you are pulled over).
What Happens On A Third DUI In Idaho?
A third DUI violation within 10 years or a subsequent DUI violation with a previous Felony DUI or Aggravated DUI within ten (15) years, including withheld judgments, is a FELONY
Law Enforcement Is Watching! Drive Safe - And Sober - This NYE.
Happy New Year! If you are out celebrating this New Years Eve (or enjoying some football in the days after) and the celebration involves alcohol, don't risk it - Take A Cab!
DUI While Riding A Horse??? I Have So Many Questions...
Most of the time people are arrested for DUI during the operation of a car, truck, boat, motorcycle, or ATV. Every now and again you even hear stories of DUI while operating a bicycle. DUI on a horse was a new one for me... 53 year old, Donna Byrne of Lakeland, Florida was charged and arreste...
Big Win In Boise County!
I had a big win in Boise County this week. In a DUI case, I was able to convince the Court to suppress all evidence obtained as a result of the illegal and unjustified stop of my clients vehicle.
Will I go to jail if convicted on a first DUI charge?
Each DUI case is unique. The facts of the case, criminal record of the defendant, the county of conviction, and damage done (if any) during the commission of the crime will all be important factors leading to the sentence imposed by the court for a conviction. No one can promise a specific result; anyone who tells you otherwise is trying to sell you a false bill of goods. That being said based upon my experience I can give you a general idea of what a "standard" first DUI conviction entails.
What to do if you are pulled over or arrested for DUI
While no one expects to be stopped and charged with drunk driving, it is a common charge in Idaho. Below is some information to help you if you are pulled over or charged with DUI in Idaho.
The Traffic Stop: Reasonable And Articulable Suspicion
The Supreme Court has mandated that in order for a police officer to pull a motorist over for a suspected DUI, the officer must have reasonable suspicion of illegal conduct.
Will A DUI or Misdemeanor Possession Charge Effect My FAFSA?
The ramifications that can be felt after being charged with a DUI or Misdemeanor Possession in Idaho can be far reaching. In many cases, you may not have even realized some of the difficulties that you could encounter based on these charges.
Ada County DUI Trial - NOT GUILTY!
Yesterday marked another big DUI win in Ada County. Craig Bell was acquitted of Driving Under The Influence after a one day court trial.
Free Legal Advice...Part 2 of 5
Over the next couple weeks or so I have decided to impart 50 free legal tips. Some of these tips will seem fairly obvious but they are all based actual events.
BAC!!!! Sorry I just hacked up something.
Blood Alcohol Content In the State of Idaho, you can be arrested and convicted for Driving Under the Influence (DUI) if you are discovered operating a vehicle with a Blood Alcohol Content (BAC) over .08. If you're driving with a commercial license, the limit is .04, and the limit for drivers und...
Field Sobriety Tests, Impossible To Pass?...Probably
Field Sobriety Tests were created to demonstrate a driver's level of cognitive function and coordination, both of which are diminished when under the influence of drugs or alcohol.
What the heck is a "Per Se" DUI?
If you are arrested for drunk driving in Idaho you could be facing one of two Driving Under the Influence (DUI) charges: a Per Se violation or a non-Per Se violation. This article is meant to help you differentiate between the two.