If you have been arrested and charged with DUI in Idaho, it is important that you understand the charges against you and what your legal rights are. DUI is not an ordinary traffic violation, such as speeding or running a red light. Idaho's DUI laws can be complex and severe. You should not try to take on the criminal justice system on your own.
In the State of Idaho, you can be arrested and convicted for Driving Under the Influence (DUI) if your ability to drive is impaired by alcohol, prescription drugs, illegal drugs, or any combination thereof.
Blood Alcohol Content (BAC)
This is typically the most important measurement to any Idaho DUI case. Although a BAC above .08 is not required for a DUI conviction - in fact you can be convicted of DUI without any BAC measurement (see Non Per Se DUI) - a BAC measurement can be difference between a conviction and an acquittal. Take a look at some of the blog articles I have written on the subject.
"Per Se" Violation
"Per Se" is just Latin for "in and of itself" (I know, the use of Latin does not make the law "user friendly" when no one speaks Latin any more). A Per Se DUI is the operating of a motor vehicle with a Blood Alcohol Content (BAC) of .08 or higher - If you're driving with a commercial license, the limit is .04, and the limit for drivers under the age of 21 is .02. See: Idaho Code §18-8004. These BAC limits are set by the legislature to define anything above the threshold as intoxication. Thus, a driver with a BAC of .08 or higher is "in and of itself" driving under the influence, whether they appear intoxicated or not.
Non-"Per Se" Violation
This is also called a "DUI Less Safe" charge. It slightly differs from the DUI Per Se charge in that an arrest is made based on the opinion of the officer rather than a BAC. If the officer determines that a driver is intoxicated based on their behavior and/or driving pattern, the driver is charged with a DUI can be charged with DUI whether or not their BAC is above the .08 legal limit.
In Non Per Se DUI cases the focus is on the behavior of the individual, not the BAC.
Types Of DUI Charges
- First Offense
- Second Offense
- Third Or Subsequent Offense
- Excessive DUI
- Drug Or Other Intoxicant DUI
- Prescription Medication DUI
- Juvenile "Under 21" DUI
- Aggravated DUI
All of these offenses have different elements that the state is required to prove and potential penalties if convicted. If you are charged with DUI in Idaho make sure you understand what type of DUI you are charged with and what that charge means.
DUI Defenses
- The Traffic Stop
- Confirmation Bias
- Indicators of Intoxication
- Field Sobriety Tests
- BAC testing
- Drug Recognition Experts
All or none of these defenses may apply to your case. Let me sit down and discuss your case to carefully plan the best defense available.
Administrative License Suspension
When you fail a BAC test the Department Of Transportation suspends your drivers license for 90 days beginning 30 days from the date of failure. This is a civil suspension and is unrelated to the DUI case.
Drivers can challenge this suspension but only on very narrow grounds. ALS suspensions can be challenged by drivers who feel they were unjustly asked to take a BAC test, those who feel the test was not properly administered, and those who feel the testing device was not preforming properly. An ALS hearing will not take up any other matters, including guilt or innocence of DUI, and the burden is on the driver to prove the assertion, not the other way around. The driver must request an ALS hearing within 7 days of the BAC test.
Every DUI Case Is Unique.
The strength and weakness of your case will depend on the particular facts in your case. However, no DUI case is hopeless. You are not alone. In order to minimize the impact on your life, you should first seek the help of an experienced DUI defense attorney.
I work personally with each and every client to develop the best possible defense for that individual client. I will listen to everything that you have to say about your case and provide you with an honest evaluation of the case against you. I am there for my clients through every step of the process and will fight to obtain the best possible outcome. Every client, every time.
With so much on the line, you need a lawyer that will fight to protect your rights. Call me today for a free consultation!
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