Two DUI cases dismissed and one Excessive DUI successfully negotiated down to a Standard First Offense DUI.
Successful Week Defending DUI Cases - 3 Positive Outcomes
Schofield and Young 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!
NYT: Alcohol Breath Tests Are Often Unreliable - Don't Trust Them.
These Machines Can Put You in Jail. Don't Trust Them. "Alcohol breath tests, a linchpin of the criminal justice system, are often unreliable, a Times investigation found. The devices, found in virtually every police station in America, generate skewed results with alarming frequency, even ...
Idaho Ignition Interlock Device
Ignition Interlock Device Take a look at this great video displaying the difficulties with ignition interlock devices created by Austin criminal defense attorney Charlie Roadman. Charlie Roadman's website can be found here: https://roadmanlaw.com/
Can you be Charged with a DUI on a Bicycle or an E-Scooter?
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. And honestly, it really depends on ...
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. The interlock system requires a driver to blow into the system b...
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. Several factors can affect a party's BAC levels when drinking. Some of the more popular include: age – as age incre...
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. So...How Do...
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. Po...
New Law Requires All Individuals Who Refuse To Submit To A BAC Test To Install An Interlock Device In Their Vehicle
It does not matter if the individual is convicted of a DUI - Even if they are found "not-guilty" or is never prosecuted for a DUI, the interlock device will be required. All first time DUI offenders and those individuals who refuse to take a roadside test for alcohol or drugs will be required to...
The New DUI Laws In Idaho Are A Mess And You Should Be Upset
Starting January 1st, all first time DUI offenders in Idaho will be required to install an interlock device in their vehicle. 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.
New - Harsher- Penalties for First Time DUI Offenders In Idaho
Starting January 1st, all first time DUI offenders in Idaho will be required to install an interlock device in their vehicle. All first time DUI offenders and those individuals who refuse to take a roadside test for alcohol or drugs will be required to install an interlock device on any vehicle ...
Stay Safe On New Year!
Happy New Year (Soon)! As 2018 ends and 2019 approaches I am proud of all the things our firm has achieved this year. We added Samantha Mena to our team, moved to new offices, and represented clients in 121 different criminal cases! I doubt 2019 will include quite as much change as 2018 did but....
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). The two additional indicators can be anything that makes it more likely you are under the influenc...
What Happens On A Third DUI In Idaho?
A Third Or Subsequent DUI Conviction Can Result In Felony DUI A third DUI violation within five (5) years or a subsequent DUI violation with a previous Felony DUI or Aggravated DUI within ten (10) years, including withheld judgments, is a FELONY Prison Sentence Because it's a felony charge, a...
The Relationship Between The Idaho Constitution And The United States Constitution
The Fourth Amendment protects citizens from unreasonable searches and seizures. A seizure without a warrant is unreasonable, subject to a few enumerated exceptions. The famous case of Terry v. Ohio held that a detention by law enforcement is a seizure within the meaning of the Fourth Amendment. F...
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, dont risk it - Take A Cab! NYE is one of the most dangerous nights of the year to be on the road. Every year record numbers are charged with DUI....
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...
Avoid A DUI - Or Worse - This Holiday Season
Happy Holidays! I hope that many of you get the opportunity to take some time away from work and enjoy the company of friends and family. For many, holiday celebrations often involve alcohol. This can lead to problems when people choose to drive home from those ugly sweater parties. In fact, t...
Law Enforcement Is Watching - Avoid A Thanksgiving DUI
The days before, during, and directly after Thanksgiving Day are some of the busiest for travel in the US. More traffic means more stress, more accidents, and a much higher police presence. Thanksgiving Day has earned the title “Deadliest Day of the Year” due to the high number of fatal car acci...
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. The Court agreed that the stop was in violation of the 4th Amendment to the United States Constitution and Article 1 § 17 of the Idaho Constitution. As all or nearly all the evidence against my client was obtained as a result of this stop, I anticipate that the Boise County Prosecutor's Office will be filing a motion to dismiss the charge here shortly.
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. Keeping Silent One of the most important things that you should do if you are arrested for drunk driving,...
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. However, there is a great deal of disagreement about what constitutes reasonable suspicion that the driver has been drinkin...
Important facts to know about DUIs in Idaho
There are many myths about DUI law. Misinformation can lead to poor decision-making.