License Suspension in Idaho
I have often discussed license suspension in my blogs primarily because as a Boise Criminal Lawyer I deal regularly with individuals who have their licenses taken away due to a DUI or a DWP. These are the most frequent causes of suspensions. Another area where I see individuals have their driving privileges taken away for reasons other than DUI and DWP is in the commercial vehicle arena. The Idaho Code outlines several circumstances that result in a minimum of one year license suspensions for carries of commercial licenses.
Commercial Vehicles
Obviously, the Idaho Code includes a license suspension if a driver of a commercial vehicle is convicted of a DUI. However, you will also have it taken away if you leave the scene of an accident, if you commit a felony while operating a vehicle, causing a fatality while operating a commercial vehicle and for refusing to submit to tests to determine your blood alcohol level. In addition, if you are convicted of a DUI, a DWP or any of the other above named situations and you are transporting hazardous materials (which requires a placard), your license will be suspended for a minimum of 3 years. Another interesting situation I have seen as a criminal lawyer is something known as an "imminent hazard disqualification". You may be disqualified from operating a commercial vehicle if the federal motor vehicle carrier administration determines that your driving constitutes a imminently hazardous.
As a Boise Criminal Attorney people often ask me if these are the only situations that result in loss of a commercial license. The answer, however, is no. There are numerous other situation that can be found in the Idaho Code. Also, just a reminder the legal limit for a commercial driver is .04% and anything above that level will result in a DUI. Also, if your commercial license is revoked, any other driver's license you hold, including a Class D license will be suspended. One other reminder, you can be convicted of a DUI without ever taking a drink of alcohol. Having drugs in your system, including marijuana and possibly over the counter medications, will also result in a DUI.
What Can You Do?
What can you do if you find yourself in a situation where you might lose your livelihood if you are convicted a circumstance that might result in the lose of your license? Your best bet is to find a criminal attorney who has the experience to help you. You need to act quickly and you need to make certain no stone is left unturned. If you have found yourself in a situation where you need a Boise Criminal Defense Lawyer, please give us a call at (208) 472-2383 and see what one of our attorneys can do for you.
Showing posts with label Boise Criminal Defense Lawyer. Show all posts
Showing posts with label Boise Criminal Defense Lawyer. Show all posts
Monday, April 23, 2012
Tuesday, March 20, 2012
Boise Criminal Defense Attorneys - DUI Lawyers - Minor in Possession
Minor in Possession (MIP)
As the parent of teenaged children and by my very nature of being a Boise Criminal Defense Attorney, I get numerous phone calls from both terrified teens and distraught parents about the consequences of a MIP. How serious is a charge and what are the penalties for a minor in possession?
Penalty for Minor in Possession of Alcohol
A MIP is a misdemeanor. Anyone under the age of 21, at the time of the charge, who is in possession of any alcohol including beer, wine or hard liquor will be charges for illegal possession. The first offense carries a fine up to $1,000. A second time offense carries a fine of up to $2,000 and/or up to 30 days in jail. A third offense will result in a fine of up to $3,000 and/or up to 60 days in jail.
Now, if these fines and potential jail time are not bad enough, you will also face a suspended driver's license. The first time you are charged with a MIP you will lose your license for up to one year. Any conviction after that will carry a 2 year license suspension.
Unlike a DUI charge where there is mandatory minimum absolute suspension, with a minor in possession charge, you can apply for a restricted license immediately. To be granted this you must show by a preponderance of the evidence that it is absolutely necessary for you to drive. An example of this would be a restricted license to drive to work or school if there were no bus available or a parent who could take you to and from work and school.
If you plead guilty or are convicted of a minor in possession you also may be subject to undergoing an alcohol evaluation and, if necessary, alcohol abuse treatment.
Effect of MIP on Automobile Insurance
Will my car insurance go up? This is the second most common question I get as a Criminal Defense Lawyer from those charged with a minor in possession. The Idaho Code has a specific provision in the statute governing MIP that states that a conviction of a minor in possession of alcohol shall not be used or considered in any fashion for purposes of car insurance.
If you have been charged for possession of alcohol and need to speak to one of our criminal lawyers, give us a call, (208) 472-2383 and see what we can do for you.
As the parent of teenaged children and by my very nature of being a Boise Criminal Defense Attorney, I get numerous phone calls from both terrified teens and distraught parents about the consequences of a MIP. How serious is a charge and what are the penalties for a minor in possession?
Penalty for Minor in Possession of Alcohol
A MIP is a misdemeanor. Anyone under the age of 21, at the time of the charge, who is in possession of any alcohol including beer, wine or hard liquor will be charges for illegal possession. The first offense carries a fine up to $1,000. A second time offense carries a fine of up to $2,000 and/or up to 30 days in jail. A third offense will result in a fine of up to $3,000 and/or up to 60 days in jail.
Now, if these fines and potential jail time are not bad enough, you will also face a suspended driver's license. The first time you are charged with a MIP you will lose your license for up to one year. Any conviction after that will carry a 2 year license suspension.
Unlike a DUI charge where there is mandatory minimum absolute suspension, with a minor in possession charge, you can apply for a restricted license immediately. To be granted this you must show by a preponderance of the evidence that it is absolutely necessary for you to drive. An example of this would be a restricted license to drive to work or school if there were no bus available or a parent who could take you to and from work and school.
If you plead guilty or are convicted of a minor in possession you also may be subject to undergoing an alcohol evaluation and, if necessary, alcohol abuse treatment.
Effect of MIP on Automobile Insurance
Will my car insurance go up? This is the second most common question I get as a Criminal Defense Lawyer from those charged with a minor in possession. The Idaho Code has a specific provision in the statute governing MIP that states that a conviction of a minor in possession of alcohol shall not be used or considered in any fashion for purposes of car insurance.
If you have been charged for possession of alcohol and need to speak to one of our criminal lawyers, give us a call, (208) 472-2383 and see what we can do for you.
Monday, August 29, 2011
Boise Idaho Criminal Defense Attorneys - DUI Lawyers - (208) 472-2383 - Divorce and Family Law
What happens when you get a DUI in Idaho? As a Boise Criminal Defense Lawyer I hear that question a lot. The answer to the question is more substantial than describing the penalty. You can find the basic penalty all over the web, my website included, but that is just the legal ramifications of a DUI.
Any Boise Criminal Attorney can tell you that a DUI conviction has far reaching consequences. There is the embarrassment or hassle of the initial DUI stop, field sobriety test and booking. Then you have the stress of having to let your family or loved ones know. Then there is the stress of having to get out of jail and what that can mean financially. Once you have found a Boise Criminal Defense Lawyer and have dealt with the cost of that, you have to decide if you want to fight the DUI or take a plea.
It is possible to fight a DUI conviction and you may need to do that if it means losing your job if you are convicted. There are many approaches to staying off a DUI conviction but it means you have to make a financial commitment to your Boise Criminal Attorney. Criminal Defense Attorneys who are experienced in fighting DUI conviction can give you a good estimate of the cost of defending a DUI. We can do this because we have successfully defended DUI charges and know, in the ball park, what it takes and what it costs and how much you will have to put in retainer. Fighting a DUI will be another financial consequence that you will have to deal with.
If you choose to take a plea or you do not have the facts to sustain a fight against the DUI charge, you will have a series of hoops you will need to jump through as a result of your penalty. These will include evaluations, community service, getting a restricted license, just to name a few.
As a Boise Criminal Attorney I have also seen the consequences of a DUI extend into people's personal lives. Sometimes people loose their jobs, some people end up in divorce court, some people get subsequent DUI charges and the list goes on.
If you have been charged with a DUI in Idaho, you know that the consequences are serious and that's why it is critical to have an experienced Boise Criminal Defense Lawyer to help you. Give us a call, (208) 472-2383 and see what we can do for you.
Any Boise Criminal Attorney can tell you that a DUI conviction has far reaching consequences. There is the embarrassment or hassle of the initial DUI stop, field sobriety test and booking. Then you have the stress of having to let your family or loved ones know. Then there is the stress of having to get out of jail and what that can mean financially. Once you have found a Boise Criminal Defense Lawyer and have dealt with the cost of that, you have to decide if you want to fight the DUI or take a plea.
It is possible to fight a DUI conviction and you may need to do that if it means losing your job if you are convicted. There are many approaches to staying off a DUI conviction but it means you have to make a financial commitment to your Boise Criminal Attorney. Criminal Defense Attorneys who are experienced in fighting DUI conviction can give you a good estimate of the cost of defending a DUI. We can do this because we have successfully defended DUI charges and know, in the ball park, what it takes and what it costs and how much you will have to put in retainer. Fighting a DUI will be another financial consequence that you will have to deal with.
If you choose to take a plea or you do not have the facts to sustain a fight against the DUI charge, you will have a series of hoops you will need to jump through as a result of your penalty. These will include evaluations, community service, getting a restricted license, just to name a few.
As a Boise Criminal Attorney I have also seen the consequences of a DUI extend into people's personal lives. Sometimes people loose their jobs, some people end up in divorce court, some people get subsequent DUI charges and the list goes on.
If you have been charged with a DUI in Idaho, you know that the consequences are serious and that's why it is critical to have an experienced Boise Criminal Defense Lawyer to help you. Give us a call, (208) 472-2383 and see what we can do for you.
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