Tuesday, December 10, 2013
It's that time of year again when Boise Criminal Lawyers see an increase in DUI charges. Part of the increase has to do with the all the parties and holiday cheer. Another portion has to do with the increase in police presence and DUI patrols. Still yet some has to do with depression surrounding the holiday when people are more likely to be emotionally down about the sadnesses in their lives such as divorce, family or job loss and the like.
The best advice anyone can give about Holiday DUI is to play it safe. The message is not new: Don't drink and drive. People often go out with the best intentions. They plan on a designated driver, or not drinking too much. They may even plan to take a taxi home rather than risk a DUI. Unfortunately, the best laid plans may fall through. Perhaps you don't realize how much you have had to drink. Perhaps you are more depressed about your relationship and the impending divorce than you think. Whatever it is, inevitably someone fails to follow through with their plans and that's when the unfortunate happens. A DUI, like any criminal charge, will ruin your holidays.
DUI Patrols and Probable Cause
People often ask me if increased DUI patrols and checks constitute entrapment or a violation of their civil rights. The short of it is most likely not. If you are drinking and driving you are committing a crime if your blood alcohol level is over the legal limit. You are placing yourself at risk and others in your vehicle and on the road. The increased patrol is an awareness that this time of year brings more drinking and partying.
Of course, the police still must follow the rules of probable cause before they pull you over. If, however, they fail to follow the proper laws to stop or arrest you, you have good grounds to suppress any evidence they collect from their stop. Often the suppression of evidence is the best way to beat a DUI. While it may be difficult to remember everything from your DUI stop, usually because you have been drinking, if you can, you can provide your criminal attorney with valuable evidence to aid your defense.
What to do After You Are Charged with DUI
What do you do when you are charged with a DUI? It is critically important to get a Boise DUI Attorney immediately. There are some very important time constraints. When you are charged or convicted of a DUI there are two potential license suspensions. The first suspension comes from the Department of Transportation. You must act very quickly to challenge this suspension. Although the likelihood of not having you license suspended for a DUI by the DOT is slim, it is worth a shot. The second license suspension comes after you plead guilty or are found guilty of a DUI.
People often think that they can handle their own DUI case. The problem with this is unless you are trained in the law and you know and have personal experience with he prosecuting attorneys you re risking the same result as a do-it-yourself plummer. You will get leaks and often leaks that come back to haunt you.
I hope you all have a very happy holiday season. I also hope that you play it safe and don't get a DUI. If you do, however, give us a call, 208-472-2383, and see what we can do for you. We are here for you and we can answer your questions. Give us a call today.