Boise DUI Lawyers - Idaho Criminal Defense Attorneys - (208) 472-2383

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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Boise Criminal Lawyers - Idaho Criminal Defense Attorneys - Aggravated DUI

Aggravated DUI and Criminal Defense
As a Boise Criminal Lawyer I am often asked if a DUI is a misdemeanor or a felony.  In general a first or a second time DUI, within 10 years, is a misdemeanor.  Thereafter the DUI becomes a felony.  There is an exception to this case, however.  An aggravated DUI, whether it is your first DUI or not, is a felony.  Another question I regularly hear as a Boise Criminal Defense Attorney is, what makes something an aggravated crime?  For a DUI to be considered aggravated, the intoxicated driver must have cause great bodily harm to someone, other than him or herself.  This harm includes permanent disability and disfigurement.  It is the act of causing extensive harm to another that makes something aggravated.

A further distinguishing factor between an aggravated DUI and a "regular" driving under the influence charge lies in the penalty.  The penalty is accelerated, in the sense that it very quickly becomes very severe.  A charge of this type, even if it is your first drunk driving charge, may result in you being sentenced to the state penitentiary for up to 15 years.  A third time driving under the influence charge (within 10 years) , however, only carries a maximum 10 year state penitentiary sentence.

Aggravated DUI and Personal Injury
An aggravated driving under the influence charge is one of those areas that can have a cross over between criminal law and civil law.  If you are charged with this type of DUI the state of Idaho can and will charge you with a crime that requires criminal defense.  In addition, the party to whom you caused the injury, or their family (if the victim died) can sue you in civil court for a personal injury.  So instead of facing just the DUI charge, you may be facing a civil suit as well.


If you have been charged with an aggravated DUI or any other criminal charge in Idaho and you need to speak to an attorney, please give us a call and speak with one of our Boise Criminal Lawyers, (208) 472-2383.  Give us a call now.

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.

Boise Idaho DUI Lawyers - Criminal Defense Attorneys (208) 472-2383

What is a DUI?  Many people think that the crime of driving under the influence refers only to drunk driving.  DUI in Idaho used to be called a DWI or driving while intoxicated.  This denotation was changed to encompass what the law really covered.  DUI is driving under the influence of alcohol, drugs or other intoxicating substance.

To legally operate a motor vehicle in Idaho, there can be no more than .08% alcohol in your blood stream (BAC).  Depending upon your size this generally translates into 1-2 drinks over a one hour period.  There is no legal limit of drugs or other intoxicating substances in your system.  What this means, for example, is if you have smoked marijuana and you are pulled over on suspicion of a DUI, you will be found to have been driving under the influence if your blood tests positive for marijuana, regardless of when or how much you smoked.  In regard to other intoxicating substances, such as cough syrup or prescription drugs, there is also no legal limit.  This is not to say that you cannot operate a motor vehicle with these in your blood stream, but if there is a quantity in your blood stream such that your ability to operate a motor vehicle is impaired, then you can be charged with a DUI.  The police would apply the same field sobriety test they use in a drunk driving stop to determine the extent of your impairment.

Of course, with all DUI stops the police must have probable cause to pull you over in the first place.  This probable cause can range from failing to signal, failing to turn your lights on or weaving.  With the first two the police may simply be doing a routine traffic stop for a moving violation, but if at that time you appear drunk, stoned or otherwise impaired, they can request that you submit to a field sobriety test.

If your BAC is below .08% or if the amount of prescription or over the counter drugs in your system do not rise to the level of "intoxication", you can still be charged with reckless driving if you exhibited poor driving and that was the reason for the original traffic stop.

If you have been charged with a DUI or reckless driving and need to speak to a Boise Criminal Defense Attorney, please give us a call and see what we can do for you.  Call now, (208) 472-2383.

Boise Idaho DUI Lawyers - Criminal Defense Attorneys - Criminal Law