Felony DUI
As a Boise DUI Lawyer, I see a lot of drunk driving cases. Often these cases are what a criminal defense attorney might call routine. Although DUI is not routine or run of the mill, misdemeanor driving under the influence follows a typical pattern. This is not the case with Felony DUI.
Most often a person will end up with misdemeanor DUI and they will learn their lesson. They know that they must be on guard and not drive under the influence of alcohol again, or else. This isn't necessarily the case with felony DUI. It is not the case that they just won't learn their lesson, it is more likely the case that there is an underlying situation causing a problem which is manifesting itself in reckless behavior.
Repeat DUI
When a person gets three or more DUI charges within 10 years it is a felony. The lasted news about the 52 year old Boise resident who has received 6 DUI charges since 1994 is an example of a situation out of hand.
How does the court deal with offenders such as this? To prevent recidivism (repeated criminal offenses), the law creates a graduated fine, jail time and suspended driving privileges deterrent. Often, in first time offenses or even second time, the full extent of available sentence won't be imposed. It is often "suspended" or a maximum fine is not imposed. The more time a person commits a crime, especially the same type, the more likely they will be to get the full force of the sentence as well as anything that has been suspended previously if they are still on probation.
Jail, Fine and DUI
Does the graduated method of penalty deter repeated crime? When there is an underlying problem that is causing the repeated DUI, jail time, fines and license suspension cannot possibly prevent further problems. The underlying issue must be resolved. The law does provide for optional Drug or Mental Health Court, but these are not automatic and you do not have a "right" to be admitted into these. Perhaps a more involved prevention would help. If a second time DUI sentence carried with it the mandatory requirement for a drug or mental health counseling, perhaps it would go a long way in preventing felony DUI by addressing the underlying problem before it results in recidivism.
If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise DUI Attorney, please give us a call, 208-472-2383, and see what we can do for you.
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Showing posts with label Boise DUI Lawyer. Show all posts
Showing posts with label Boise DUI Lawyer. Show all posts
Thursday, March 7, 2013
Friday, January 4, 2013
Boise DUI Attorney - How Will a DUI Effect My Job - (208) 472-2383
As a Boise Criminal Attorney I often get anxious calls from individuals who have gotten a DUI. They are not only concerned about the consequences of being charged with a crime, but also the widespread effects on other aspects of their lives. DUI can wreak havoc on your personal life as well as on your employment. Probably the second or third most frequent question I get as a Boise DUI Lawyer is, "Will I lose my job?"
There is no universal answer to this question. A lot of it depends upon your employer. Does your employer have a policy on DUI charges? Is there a zero tolerance for criminal charges at your workplace? Will your termination depend upon your job performance?
If you are charged with a DUI and you are aware of a no tolerance policy or your boss approaches you to discuss termination, what should you do? First, you should remain calm. If there is an across the board termination requirement for DUI, ask your boss to wait until the final outcome. Just because you have been charged with a crime doesn't mean you will be convicted of a crime. You might be lucky and have one of those cases where there was improper search, lack of probable cause or some other situation that would result in a dismissal of your case or a conviction on a lesser charge.
Termination based upon a DUI or a conviction of a crime often has to do with the company's public reputation. Can you imagine the hypocrisy a police officer getting a DUI? Also, remember that a charge for driving under the influence can mean having drunk too much or having illegal drugs in your system (or too much prescription drugs or over the counter drugs in your system resulting in an impairment of your ability to drive). Your boss may not want the public to believe that his employees are drug users, especially if your job revolves around public service or safety.
If you have been charged with a DUI or a crime in Idaho and need to speak to either a Boise Criminal Attorney or a Boise DUI Lawyer, give us a call and see what we can do for you, (208) 472-2383
There is no universal answer to this question. A lot of it depends upon your employer. Does your employer have a policy on DUI charges? Is there a zero tolerance for criminal charges at your workplace? Will your termination depend upon your job performance?
If you are charged with a DUI and you are aware of a no tolerance policy or your boss approaches you to discuss termination, what should you do? First, you should remain calm. If there is an across the board termination requirement for DUI, ask your boss to wait until the final outcome. Just because you have been charged with a crime doesn't mean you will be convicted of a crime. You might be lucky and have one of those cases where there was improper search, lack of probable cause or some other situation that would result in a dismissal of your case or a conviction on a lesser charge.
Termination based upon a DUI or a conviction of a crime often has to do with the company's public reputation. Can you imagine the hypocrisy a police officer getting a DUI? Also, remember that a charge for driving under the influence can mean having drunk too much or having illegal drugs in your system (or too much prescription drugs or over the counter drugs in your system resulting in an impairment of your ability to drive). Your boss may not want the public to believe that his employees are drug users, especially if your job revolves around public service or safety.
If you have been charged with a DUI or a crime in Idaho and need to speak to either a Boise Criminal Attorney or a Boise DUI Lawyer, give us a call and see what we can do for you, (208) 472-2383
Thursday, November 8, 2012
Boise DUI Attorneys - Idaho Criminal Law Lawyers (208) 472-2383
DUI and Drugs in Idaho
I have spoken before in this blog about how a charge for DUI can relate to alcohol consumption or, alternatively, may have nothing to do with it. Today, I want to discuss the anatomy of a DUI related to driving under the influence of drugs.
As a Boise DUI Attorney I often see cases involving DUI due to operating a motor vehicle under the influence of drugs. People have a lot of questions when it comes to this type of case. First, how does the arresting officer know you are under the influence of drugs and how do they test you? This is a very good question. The process is almost identical to a stop and arrest for driving under the influence of alcohol. As you may know from previous DUI blogs I have written, in order to be pulled over the police must have probable cause. This can be anything that gives them a good suspicion that something is happening in your vehicle that is impairing your driving or a blatant violation of driving laws. If you have taken drugs and are impaired your driving may be sketchy. You may weave in and out of your lane, you may run a red light, you may drive the wrong way on a one way street and the list goes on. Once you are pulled over, the police will look for signs of alcohol or drug consumption. They will perform field sobriety tests, they may ask to search your car (always say no - you do not have to consent to a search) and they may take a breathalyzer test. If you haven't consumed alcohol the breathalyzer will obviously be negative but this doesn't prevent the police from arresting you if you are obviously impaired. At this point they will order a blood test to determine the presence of drugs in your system.
Does the presence, no matter how slight, of drugs in your system mean that you will be convicted of a DUI?
As a Boise DUI Lawyer, this is the net biggest question people are curious about in these types of cases. Unlike alcohol, there is no legal limit for drugs in your system. The blood test will simply reveal a positive or a negative result.
Illegal Drugs vs. Over the Counter and Prescription Medication
There isn't a simple answer to this question but there are certain considerations which need to be examined. The first question is, "are the drugs in your system illegal drugs?" If it is the case you are under the influence of marijuana, meth, cocaine or any other controlled substance, it does not matter how much there is in your system. You will be charged with a DUI and if pursuant to the traffic stop, any illegal drugs were found, you will also be charged with possession and potential trafficking, depending upon how much was found. The reason for this is simple; it is illegal to be in possession and to consume illegal drugs.
The more difficult question to answer for DUI attorneys is, "what if the drugs in your system were over the counter drugs or drugs prescribed by a physician?" It is not illegal to drive with these types of drugs in your system, but it can become illegal and an issue of intoxication if the amount you have in your system impairs your driving. In fact, if you are under the influence of these types of drugs when you are pulled over, it is likely that you will volunteer the information that you are taking certain medications to the police officer. But, will you be charged with a DUI?
These cases turn on the specifics of each case. For example, if you were prescribed hydrocodone and you were taking it according to your physician's directions and had been taking it for a few weeks and were used to how it effected you, you might have your charged reduced to reckless or inattentive driving or even failure to use a traffic signal, depending upon the under lying cause for the traffic stop. If, however, you consumed excessive amounts of the hydrocodone, meaning way more than you were prescribed, and you were pulled over because you were speeding while going the wrong way on the freeway the chances that you will get a DUI are high.
If you have been charged with a driving under the influence and you need to speak to a Boise DUI Attorney, please give us a call at 208-472-2383 and see what we can do for you.
I have spoken before in this blog about how a charge for DUI can relate to alcohol consumption or, alternatively, may have nothing to do with it. Today, I want to discuss the anatomy of a DUI related to driving under the influence of drugs.
As a Boise DUI Attorney I often see cases involving DUI due to operating a motor vehicle under the influence of drugs. People have a lot of questions when it comes to this type of case. First, how does the arresting officer know you are under the influence of drugs and how do they test you? This is a very good question. The process is almost identical to a stop and arrest for driving under the influence of alcohol. As you may know from previous DUI blogs I have written, in order to be pulled over the police must have probable cause. This can be anything that gives them a good suspicion that something is happening in your vehicle that is impairing your driving or a blatant violation of driving laws. If you have taken drugs and are impaired your driving may be sketchy. You may weave in and out of your lane, you may run a red light, you may drive the wrong way on a one way street and the list goes on. Once you are pulled over, the police will look for signs of alcohol or drug consumption. They will perform field sobriety tests, they may ask to search your car (always say no - you do not have to consent to a search) and they may take a breathalyzer test. If you haven't consumed alcohol the breathalyzer will obviously be negative but this doesn't prevent the police from arresting you if you are obviously impaired. At this point they will order a blood test to determine the presence of drugs in your system.
Does the presence, no matter how slight, of drugs in your system mean that you will be convicted of a DUI?
As a Boise DUI Lawyer, this is the net biggest question people are curious about in these types of cases. Unlike alcohol, there is no legal limit for drugs in your system. The blood test will simply reveal a positive or a negative result.
Illegal Drugs vs. Over the Counter and Prescription Medication
There isn't a simple answer to this question but there are certain considerations which need to be examined. The first question is, "are the drugs in your system illegal drugs?" If it is the case you are under the influence of marijuana, meth, cocaine or any other controlled substance, it does not matter how much there is in your system. You will be charged with a DUI and if pursuant to the traffic stop, any illegal drugs were found, you will also be charged with possession and potential trafficking, depending upon how much was found. The reason for this is simple; it is illegal to be in possession and to consume illegal drugs.
The more difficult question to answer for DUI attorneys is, "what if the drugs in your system were over the counter drugs or drugs prescribed by a physician?" It is not illegal to drive with these types of drugs in your system, but it can become illegal and an issue of intoxication if the amount you have in your system impairs your driving. In fact, if you are under the influence of these types of drugs when you are pulled over, it is likely that you will volunteer the information that you are taking certain medications to the police officer. But, will you be charged with a DUI?
These cases turn on the specifics of each case. For example, if you were prescribed hydrocodone and you were taking it according to your physician's directions and had been taking it for a few weeks and were used to how it effected you, you might have your charged reduced to reckless or inattentive driving or even failure to use a traffic signal, depending upon the under lying cause for the traffic stop. If, however, you consumed excessive amounts of the hydrocodone, meaning way more than you were prescribed, and you were pulled over because you were speeding while going the wrong way on the freeway the chances that you will get a DUI are high.
If you have been charged with a driving under the influence and you need to speak to a Boise DUI Attorney, please give us a call at 208-472-2383 and see what we can do for you.
Friday, July 20, 2012
Boise DUI Lawyers - Criminal Defense Attorneys (208) 472-2383 DUI Types in Idaho
As a Boise DUI Attorney people often express their exasperation to me about DUI law in general. One particular thing that really gets people wondering is the use of various terms in criminal law. Excessive, Aggravated and DWI are three terms people always ask me about.
What is the Difference Between a DWI and a DUI?
Many criminal attorneys answer this as a regular part of their criminal law practice. Most forty-five + year olds remember the days when the drinking age was 19 (18 in some states) and if you got caught driving while intoxicated you were charged with a DWI. DWI means just that. It was changed, however, because the law encompasses more than mere intoxication. You can also be impaired as a driver if you are driving under the influence of drugs, whether they are illegal drugs, like marijuana or meth, or legal prescription or over the counter drugs. The term DUI means driving under the influence which incorporates under the influence of drugs or alcohol.
Excessive DUI
There is ordinary DUI charge and there is a charge for an excessive DUI. A standard DUI means that you were operating a motor vehicle with a blood alcohol content of .08% or greater or under the influence of drugs. An excessive DUI means that you were driving with a BAC of .2% or greater. It is excessive because the level of impairment created.
The penalty for an excessive DUI is basically one step up from a regular DUI. The penalty for a first time excessive DUI is the same as for a second time DUI. The tiered penalty is created because of the degree of impairment.
Aggravated DUI
As a Boise DUI Lawyer people often ask me what the difference between an excessive DUI and an aggravated DUI is. Excessive has to do with the amount of alcohol in your system and the degree of impairment, whereas aggravated is a term used to describe the level of harm or potential harm. An aggravated DUI means that you were driving under the influence of alcohol or drugs and you caused an accident which caused great bodily harm, disfigurement or death to another individual.
Any DUI charge is a serious circumstance. If you want the best representation available from a Boise DUI Attorney give us a call today, 208-472-2383 - you will be glad you did.
What is the Difference Between a DWI and a DUI?
Many criminal attorneys answer this as a regular part of their criminal law practice. Most forty-five + year olds remember the days when the drinking age was 19 (18 in some states) and if you got caught driving while intoxicated you were charged with a DWI. DWI means just that. It was changed, however, because the law encompasses more than mere intoxication. You can also be impaired as a driver if you are driving under the influence of drugs, whether they are illegal drugs, like marijuana or meth, or legal prescription or over the counter drugs. The term DUI means driving under the influence which incorporates under the influence of drugs or alcohol.
Excessive DUI
There is ordinary DUI charge and there is a charge for an excessive DUI. A standard DUI means that you were operating a motor vehicle with a blood alcohol content of .08% or greater or under the influence of drugs. An excessive DUI means that you were driving with a BAC of .2% or greater. It is excessive because the level of impairment created.
The penalty for an excessive DUI is basically one step up from a regular DUI. The penalty for a first time excessive DUI is the same as for a second time DUI. The tiered penalty is created because of the degree of impairment.
Aggravated DUI
As a Boise DUI Lawyer people often ask me what the difference between an excessive DUI and an aggravated DUI is. Excessive has to do with the amount of alcohol in your system and the degree of impairment, whereas aggravated is a term used to describe the level of harm or potential harm. An aggravated DUI means that you were driving under the influence of alcohol or drugs and you caused an accident which caused great bodily harm, disfigurement or death to another individual.
Any DUI charge is a serious circumstance. If you want the best representation available from a Boise DUI Attorney give us a call today, 208-472-2383 - you will be glad you did.
Thursday, March 29, 2012
Boise DUI Lawyers - Idaho Criminal Defense Attorneys - (208) 472-2383
Getting Pulled Over for a DUI in Idaho
When you are pulled over for a DUI in Idaho there are some preliminary things that will happen. Firstly, the officer must have had probable cause to pull you over. As a Boise DUI Lawyer people often ask me what this element of probable cause means. Whenever there is a traffic stop, the police must have probably cause; meaning a valid, legal, reason for pulling you over in the first place. If, for example, you pull away from a curb without using your blinker or you drive the wrong way down a one way street, the police would have probable cause to pull you over because you have violated a law. If, however, you were driving your 1991 Bronco, with peeling paint and broken door latches, and just sitting at a stop light waiting for it to change, the police do not have probable cause even if they think you are guilty of a crime because you are driving an older vehicle.
Once you have been pulled over the police will ask you questions and if they smell alcohol or suspect you have been drinking (because of your behavior) they can ask you to get out of the car and take a series of field sobriety tests. You do not have to take a field sobriety test. You can politely decline. If you don’t, however, the police will very likely take you to the police station for a breathalyzer test anyway. The importance in not taking the field sobriety test is for evidentiary purposes. The less evidence the police have against you, the better.
Do You Have to Blow? Don’t I Have a Constitutional Right Protecting Me From Self Incrimination?
A very common question I receive as a criminal lawyer is, if there is a Constitutional Right not to incriminate yourself, how can you be forced to submit to a breathalyzer test? What most people don’t realize is that when they received their driver’s license, they have already voluntarily agreed to submit to a breathalyzer test if they are pulled over on the suspicion of a DUI. It’s like a “agree to the terms” on a website. You don’t have to agree, but if you don’t, you don’t get to use the website. You agree to submit to a breathalyzer and if you don’t, you don’t get a license.
What Happens if I refuse to Blow?
If you refuse to take a breathalyzer test the police can require you to submit to a blood draw. You will be fined and have your license suspended for not blowing, although you are given a 7 day period in which to request a hearing to show cause why you refused. This license suspension is a separate suspension from the one you will receive if you are found or plead guilty to the underlying DUI.
Something very important to keep in mind is that you do not have the right to have your criminal attorney present when you take a breathalyzer test or for a blood draw.
Challenging a DUI
How ever your BAC is ultimately established, will determine how your case is defended by your DUI Attorney. If you choose to fight the charge, there are different factors that go into the evidence that is needed to successfully defend your case. For example, with a blood draw, it is critical to keep in mind that blood decays rapidly and as it decays sugars in the decaying blood turn to alcohol. This can change the concentration of alcohol in your blood. This isn’t something you would ever address for a breathalyzer challenge. Another difference is challenging who administered the test. For a breathalyzer, the arresting officer is supposed to be trained and certified. If he or she is not, or has not been properly trained, the test results are thrown out. For a blood test, the Idaho Code requires certain medical personnel to administer the test. If the wrong person does it, the test results are thrown out. These are just some examples of how a DUI can be challenged. As noted above, probable cause is another area upon which to challenge your drunk driving charge.
Important Considerations
One important consideration with DUI is that time is of the essence. A DUI can have an enormous impact on your life. If you miss an important deadline or fail to show up it can have lasting consequences. Another factor to consider is whether or not you want to challenge your DUI. Taking the time and the money to challenge a DUI can be a very important element for your life. There are many requirements that are forced upon you by a DUI conviction and they can be extremely stressful. If not taken care of it can lead to family problems, such as divorce or financial problems, such as unemployment.
If you choose not to challenge your DUI, that is a choice you can make. Our criminal law system provides you the opportunity to discover the evidence and to make the challenges before you actually go to trial. This allows you to make an informed decision about whether to take a plea agreement or go forward to trial.
If you have been charged with a DUI and you would like to speak to one of our Boise Criminal Lawyers, please give us a call, (208) 472-2383 and see what we can do for you.
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