What seems to be a fairly new phenomenon is popping up all over the headlines. Child endangerment. It's not endangering a child that is new, it's just the circumstances surrounding it. Many parents don't know that you cannot drink and drive with a child in the car and if you do you will be in serious trouble.
It is not unusual to hear about people who go out to dinner or over to friends' houses and have a few drinks. No biggie, right? Wrong. If you are pulled over and impaired not only will you be cited for DUI, who will be cited for Child Endangerment and you will need to hire a Boise Criminal Attorney. Another situation that seems to be a new phenomenon or at least seems to be gaining traction in the news headlines is women driving while intoxicated with their kids in the car. Many have heard of the latest series of child endangerment cases involving mothers driving drunk with their kids in the car.
The law stems from an Idaho Code section which adds additional charges to your DUI if you have kids in the car. The reasoning behind the law is that you have placed individuals who are incapable of making important legal decisions in a circumstance where they can be seriously hurt or killed. It is different if you are driving with an adult. The logic is that an adult should have the ability to say "No, I won't drive in a car with an intoxicated person", and if they do, it is a choice they made themselves.
Driving while intoxicated with kids in the car has is a serious problem and worsening over time. Between 1985-1996 of the children killed in drinking and driving related accidents 64% were killed as passengers in their impaired parent's car. That number increased between 1997-2002 to 68%. Despite these statistics, not all states have child endangerment laws involving DUI.
Idaho, however, does have a child endangerment law. Although many individuals do not know it, driving with kids in the car while under the influence is a serious crime. Whether you learn it here or after the fact from the news, you need to know it is a serious crime.
If you have been charged with a DUI or with child endangerment and you need an Idaho Criminal Lawyer, give us a call, 208-472-2383. You will be glad you did.
Showing posts with label driving under the influence. Show all posts
Showing posts with label driving under the influence. Show all posts
Tuesday, September 2, 2014
Tuesday, June 10, 2014
Criminal Law in the Divorce Context
Criminal Law in the Divorce Context
I have blogged before about the overlap of criminal and family law. But summertime is a prime time for the two to overlap. So today I will spend a few moments discussing what not to do to prevent your Boise Divorce Attorney from having to become your Boise Criminal Lawyer.
Custodial Interference
Summertime, like Christmas and Spring Break are a time when vacations and holidays change up your visitation schedule. Conflicts arise due to flight changes, activities and the general busyness of summer. A court ordered visitation schedule or a court ordered temporary order schedule is undoubtedly in place if you are in the process of divorce or have gone through a divorce. It should be well outlined in your schedule who has visitation, times for return and what happens if a change needs to be made. Some people flow with this very easily. For others, there is great strife.So, how does criminal law come into changing a visitation schedule? If your order says that you get your kids for two weeks during the summer and outlines when they are to be returned and you fail to return them and you fail to get the appropriate written consent for change or out-of-state visitation, the other party can seek the help of the authorities and have you charged in a criminal context. Custodial interference is something that judges do not like. Your divorce decree or your temporary orders should be very specific about return times and changes and out-of-state visitation. Don't get caught up in the criminal law system. Make sure your read your order and get back on time or have a written agreement to the contrary signed by the other party.
DUI, Domestic Battery and Sumer-time Fun Gone Bad
Summertime, like the holidays, is another time when criminal lawyers and divorce attorneys, alike, see an uptick in drinking related offenses. This can appear in things like DUI, because people tend to drink alcohol more heavily in the beautiful days of summer or during the winter holidays when people are gathering to celebrate. While a DUI does not technically fit into the divorce law context, the drinking involved, which ultimately may lead to driving under the influence of alcohol, can spill over into the family law context.Often, though not always, domestic battery is precipitated by drinking. When you drink you lose your inhibitions. Built up frustration can lead to anger and anger can get out-of-hand. Don't let that happen. If you drink, first and foremost, don't drink too much. Avoid getting into discussions when you are angry. You get relaxed when you drink and often people bring up difficult topics when they are drinking because they are relaxed and more comfortable about addressing issues which they may be unable to talk about without drinking. If you find yourself in this situation, and you notice that either you or your partner get agitated, angry or violent, seeking counseling. It can be a very helpful way to get issues on the table to discuss. Much more helpful than alcohol.
If you need a Boise Divorce Attorney or Idaho Criminal Lawyer, give us a call, 208-472-2383, and see what we can do for you.
Thursday, March 7, 2013
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.
Click here for more information from a Boise DUI Attorney
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.
Click here for more information from a Boise DUI Attorney
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
Tuesday, December 25, 2012
Boise Criminal Attorneys - Idaho DUI Lawyers (208) 472-2383
DUI During the Holidays
As a Boise Criminal Attorney, the Holidays often bring a flurry of calls from individuals charged with DUI. While it may sound obvious, there are many things that can lead to a DUI this time of year. Christmas parties, family celebrations and New Year revelry are all leading factors resulting in driving under the influence of alcohol. These aren't the only instigators, however. As a Boise Divorce Attorney I see the toll that divorce and custody issues take on individuals during the holidays. The stress associated with breaking up, coordinating visitation schedules and being alone during the holidays all effect the probability of ending up with a DUI.
Who Gets a DUI?
It is important to remember that law enforcement is aware of the increased use and abuse of alcohol this time of year. They are on watch for individuals imbibing and driving. Evidence of this is the recent DUI charge against Idaho Senator Mike Crapo. Mr. Crapo is not unique in this holiday criminal charge. Every day of every year I get calls into my criminal law office from individuals that have been charged with DUI and many many of those people say that they thought that they could drive and that they hadn't had that much to drink. It is very likely that Senator Mike Crapo thought that same thing when he got behind the wheel and ended up blowing a .11 this week in Washington D.C.
Don't Let a Criminal Charge Ruin Your Fun
The Holidays are generally a happy time, but don't let a DUI ruin your celebration. We should all be able to enjoy this time of year but make sure you have a designated driver, take a taxi or even walk. Walking is great exercise and helps burn off the alcohol in your system, not to mention the extra calories consumed drinking. Now that the Boise taxi companies have the ability to take debit and credit cards, there really is no excuse for not taking advantage of a sober driver. If your holiday season is sad and lonely and if you are down in the dumps because of a divorce or custody battle and you are alone during this season, don't let yourself be taken down further by being charged with driving under the influence. Instead of turning to alcohol, it is better to find someone to talk to. It could be a family member, a member of the clergy, your divorce attorney or a counselor. No one should suffer alone and those people are there to help you. Don't let a DUI ruin the holidays for you or your family.
If you have been charged with a DUI or you have a family law issue and you need speak to a Boise Criminal Attorney or a Boise Divorce Attorney, please give us a call, (208) 472-2383. You will be glad you did.
As a Boise Criminal Attorney, the Holidays often bring a flurry of calls from individuals charged with DUI. While it may sound obvious, there are many things that can lead to a DUI this time of year. Christmas parties, family celebrations and New Year revelry are all leading factors resulting in driving under the influence of alcohol. These aren't the only instigators, however. As a Boise Divorce Attorney I see the toll that divorce and custody issues take on individuals during the holidays. The stress associated with breaking up, coordinating visitation schedules and being alone during the holidays all effect the probability of ending up with a DUI.
Who Gets a DUI?
It is important to remember that law enforcement is aware of the increased use and abuse of alcohol this time of year. They are on watch for individuals imbibing and driving. Evidence of this is the recent DUI charge against Idaho Senator Mike Crapo. Mr. Crapo is not unique in this holiday criminal charge. Every day of every year I get calls into my criminal law office from individuals that have been charged with DUI and many many of those people say that they thought that they could drive and that they hadn't had that much to drink. It is very likely that Senator Mike Crapo thought that same thing when he got behind the wheel and ended up blowing a .11 this week in Washington D.C.
Don't Let a Criminal Charge Ruin Your Fun
The Holidays are generally a happy time, but don't let a DUI ruin your celebration. We should all be able to enjoy this time of year but make sure you have a designated driver, take a taxi or even walk. Walking is great exercise and helps burn off the alcohol in your system, not to mention the extra calories consumed drinking. Now that the Boise taxi companies have the ability to take debit and credit cards, there really is no excuse for not taking advantage of a sober driver. If your holiday season is sad and lonely and if you are down in the dumps because of a divorce or custody battle and you are alone during this season, don't let yourself be taken down further by being charged with driving under the influence. Instead of turning to alcohol, it is better to find someone to talk to. It could be a family member, a member of the clergy, your divorce attorney or a counselor. No one should suffer alone and those people are there to help you. Don't let a DUI ruin the holidays for you or your family.
If you have been charged with a DUI or you have a family law issue and you need speak to a Boise Criminal Attorney or a Boise Divorce Attorney, please give us a call, (208) 472-2383. You will be glad you did.
Friday, August 24, 2012
Boise DUI Attorneys - Criminal Defense Lawyers (208) 472-2383
Every year in Idaho well over 10,000 people are arrested on DUI charges. As a Boise DUI Attorney, I see a fair number of individuals who fit within this statistic. Some of these people flat out admit to driving while under the influence. Many will say, "I only had a few beers, there's now way I was drunk" and still others will say, "The cop had no reason to pull me over".
The Idaho Transportation Department offers some advice on DUI and DUI stops in Idaho. They say that there are some key activities that the Boise Police and all police in Idaho look for when determining if they have probable cause to pull someone over on suspicion of driving under the influence. In general they say that people who are driving drunk make wide turns, cross lines, weave or swerve, stop for no reason, drive too fast or too slow and/or have a delayed response to things like traffic signals. While I know a few really bad drivers who fit this profile stone cold sober, most people don't drive this way unless they are somehow impaired or distracted.
What happens if you are driving this way and you haven't been drinking? There are several possibilities that I see regularly as a Boise Criminal Defense Lawyer. Firstly, when you drive this way you give the police a reasonable suspicion that something is going on in your vehicle that shouldn't be happening and thus they can pull you over.
So what types of things do they find? A very frequent scenario I see in the role of criminal lawyer is driving under the influence of drugs. Now this may mean illegal drugs, over the counter drugs or prescription drugs. Obviously, if you have illegal drugs in your system you will be charged with a DUI and possibly possession and any other derivative of that based upon what evidence the police find. If you have over the counter drugs or prescription drugs in your system you may or may not be charged with DUI. These cases tend to turn on evidence provided by a physician. As a defendant what you need is for a doctor to say that the amount of that drug you had in your system would not have impaired you and that you should be able to drive with that amount in your system. If you can't show this you can be charged with a DUI.
Even if you can show that the amount of drugs in your system didn't effect your driving, you might still be charged with a crime. Reckless or inattentive driving is another situation I see regularly as a Boise Criminal Attorney. Those wide turns mentioned about might endanger children in a school zone or speeding through a neighborhood could constitute a reckless disregard for human life.
Another fairly new scenario is texting while driving. This isn't so much of an impairment, rather it is a distraction. If you are texting while driving you may only be cited for TWD. You, however, depending upon the level of your distraction and whether or not you cause harm, may also be charged with reckless or inattentive driving.
The long and short of it is that those signs the police look for to establish cause to pull you over on a DUI can also lead to other criminal charges, because, like I mentioned above, I know some really bad drivers, but...
If you need a Boise DUI Attorney or an Idaho Criminal Defense Lawyer, give us a call and see what we can do for you, (208) 472-2383. Call now - you will be glad you did.
The Idaho Transportation Department offers some advice on DUI and DUI stops in Idaho. They say that there are some key activities that the Boise Police and all police in Idaho look for when determining if they have probable cause to pull someone over on suspicion of driving under the influence. In general they say that people who are driving drunk make wide turns, cross lines, weave or swerve, stop for no reason, drive too fast or too slow and/or have a delayed response to things like traffic signals. While I know a few really bad drivers who fit this profile stone cold sober, most people don't drive this way unless they are somehow impaired or distracted.
What happens if you are driving this way and you haven't been drinking? There are several possibilities that I see regularly as a Boise Criminal Defense Lawyer. Firstly, when you drive this way you give the police a reasonable suspicion that something is going on in your vehicle that shouldn't be happening and thus they can pull you over.
So what types of things do they find? A very frequent scenario I see in the role of criminal lawyer is driving under the influence of drugs. Now this may mean illegal drugs, over the counter drugs or prescription drugs. Obviously, if you have illegal drugs in your system you will be charged with a DUI and possibly possession and any other derivative of that based upon what evidence the police find. If you have over the counter drugs or prescription drugs in your system you may or may not be charged with DUI. These cases tend to turn on evidence provided by a physician. As a defendant what you need is for a doctor to say that the amount of that drug you had in your system would not have impaired you and that you should be able to drive with that amount in your system. If you can't show this you can be charged with a DUI.
Even if you can show that the amount of drugs in your system didn't effect your driving, you might still be charged with a crime. Reckless or inattentive driving is another situation I see regularly as a Boise Criminal Attorney. Those wide turns mentioned about might endanger children in a school zone or speeding through a neighborhood could constitute a reckless disregard for human life.
Another fairly new scenario is texting while driving. This isn't so much of an impairment, rather it is a distraction. If you are texting while driving you may only be cited for TWD. You, however, depending upon the level of your distraction and whether or not you cause harm, may also be charged with reckless or inattentive driving.
The long and short of it is that those signs the police look for to establish cause to pull you over on a DUI can also lead to other criminal charges, because, like I mentioned above, I know some really bad drivers, but...
If you need a Boise DUI Attorney or an Idaho Criminal Defense Lawyer, give us a call and see what we can do for you, (208) 472-2383. Call now - you will be glad you did.
Friday, July 27, 2012
Boise Criminal Defense Attorneys - DUI Lawyers (208) 472-2383 - Does DUI Apply to Riding a Bike Drunk?
As a Boise Criminal Defense Attorney I see a lot of off the wall things. Sometimes they are laws that make a ton of sense but are applied wrong and other times they are down right ridiculous situations. DUI laws are in place to protect us, but sometimes they fall short. Driving Under the Influence refers to operating a motor vehicle under the influence of drugs or alcohol. The key word here is "motor vehicle". I bring this distinction up because on Wednesday, in downtown Boise, there was an accident caused by an individual who was under the influence of alcohol. He ran a red light and crashed into a car. The thing is, he was riding a bicycle. He wasn't charged with DUI. Instead, he was cited for running a red light.
Can You Get a DUI on a Bike?
The man wasn't charged with DUI because the law doesn't apply to bikes. The irony here is that if you are riding a bike when you are drunk you can cause harm to yourself or to others, just like you can if you are driving a vehicle under the influence of drugs or alcohol. A further goofy situation this causes is, what constitutes a motor vehicle? You can be cited for DUI if you are riding a scooter and are drunk, but does that apply to an electric scooter? What if you are riding a bike that has a motor attached? What if you are riding a bike that has a motor attached but you are riding it using the pedals? You can see how the situation quickly becomes ridiculous. The short answer is, no, you cannot get a DUI operating a bicycle when you are drunk.
What Happens if You Cause an Accident Operating a Bicycle Under the Influence?
In true Criminal Lawyer fashion I will say, the answer to this depends upon the situation. If you run a red light and cause an accident, you will be cited with failure to obey a traffic signal. If you are riding your bike drunk in a disorderly fashion you might be charged with disorderly conduct or public drunkenness. If you are drunk on your bike and you crash into the state of Idaho property and cause it harm, you might be charged with destruction of public property - and the list goes on. This isn't fancy criminal attorney foot work, it just is the state of the law in Idaho.
If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise Criminal Defense Attorney or Boise DUI Lawyer, please give us a call, 208-472-2383 - You will be glad you did.
Can You Get a DUI on a Bike?
The man wasn't charged with DUI because the law doesn't apply to bikes. The irony here is that if you are riding a bike when you are drunk you can cause harm to yourself or to others, just like you can if you are driving a vehicle under the influence of drugs or alcohol. A further goofy situation this causes is, what constitutes a motor vehicle? You can be cited for DUI if you are riding a scooter and are drunk, but does that apply to an electric scooter? What if you are riding a bike that has a motor attached? What if you are riding a bike that has a motor attached but you are riding it using the pedals? You can see how the situation quickly becomes ridiculous. The short answer is, no, you cannot get a DUI operating a bicycle when you are drunk.
What Happens if You Cause an Accident Operating a Bicycle Under the Influence?
In true Criminal Lawyer fashion I will say, the answer to this depends upon the situation. If you run a red light and cause an accident, you will be cited with failure to obey a traffic signal. If you are riding your bike drunk in a disorderly fashion you might be charged with disorderly conduct or public drunkenness. If you are drunk on your bike and you crash into the state of Idaho property and cause it harm, you might be charged with destruction of public property - and the list goes on. This isn't fancy criminal attorney foot work, it just is the state of the law in Idaho.
If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise Criminal Defense Attorney or Boise DUI Lawyer, please give us a call, 208-472-2383 - You will be glad you did.
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.
Friday, June 22, 2012
Boise DUI Attorneys - IID and TAD - What Are They and What Do They Mean for You?
DUI and Technology
As a Boise DUI Attorney, I see many individuals sentenced after being found guilty of a DUI or pleading guilty to driving under the influence. Part of the sentence for a DUI in Idaho involves the use of technology and electronic devices. The two devices commonly used are the Ignition Interlock Device (IID) and the Transdermal Alcohol Device (TAD). As a Boise Criminal Lawyer my clients often ask me, "what are these and what are they for?"
Ignition Interlock Device
An IID is a device that is installed on a vehicle's ignition. The device requires that the individual "blow" before the car can be started. Like a breathalyzer, it measures the driver's blood alcohol content. It, periodically, while the car is being driven, also requires that the driver blow to ensure that the alcohol level in the blood has not changed.
In Idaho, an IID is part of the penalty for a second or third time DUI. It must be installed after the mandatory license suspension term is completed and must remain in place until the period of probation for the offense has expired. The requirement that the interlock device must be used will be noted on the individual's driver's license.
If anyone assists the individual restrained by the IID to start their car, they will be charged with a misdemeanor. This, however, doesn't apply if the individual helped start the car in an emergency or mechanical repair of the vehicle, so long as the individual required to use the IID does not operate the vehicle.
Transdermal Alcohol Device
A TAD is an anklet which continually monitors an individual's BAC. The device records and sends blood alcohol levels to a probation officer. The device is sophisticated enough to measure fumes of alcohol or chemicals in the individual's presence and can distinguish if the individual has consumed the alcohol or is just in an area where the fumes are present.
As a Boise Criminal Attorney, I have seen many individuals fitted with these devices. They are not required by statute but often a judge will require that an individual be monitored in this way. Often it is the case that the greater offender you are, the more likely you will be fitted with a TAD.
Ordinarily, a probation officer would do random UAs to see if the individual was violating their probation. The use of a TAD is continuous so there aren't any gaps in the monitoring.
A TAD can be ordered pursuant to a DUI conviction or the conviction of any other crime so long as one of the terms of the probation is that there is no consumption of alcohol. They can also be required as a condition of parole where one of the terms is that the individual may not consume alcohol.
If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise Criminal Attorney, give us a call (208) 472-2383. You will be glad you did.
As a Boise DUI Attorney, I see many individuals sentenced after being found guilty of a DUI or pleading guilty to driving under the influence. Part of the sentence for a DUI in Idaho involves the use of technology and electronic devices. The two devices commonly used are the Ignition Interlock Device (IID) and the Transdermal Alcohol Device (TAD). As a Boise Criminal Lawyer my clients often ask me, "what are these and what are they for?"
Ignition Interlock Device
An IID is a device that is installed on a vehicle's ignition. The device requires that the individual "blow" before the car can be started. Like a breathalyzer, it measures the driver's blood alcohol content. It, periodically, while the car is being driven, also requires that the driver blow to ensure that the alcohol level in the blood has not changed.
In Idaho, an IID is part of the penalty for a second or third time DUI. It must be installed after the mandatory license suspension term is completed and must remain in place until the period of probation for the offense has expired. The requirement that the interlock device must be used will be noted on the individual's driver's license.
If anyone assists the individual restrained by the IID to start their car, they will be charged with a misdemeanor. This, however, doesn't apply if the individual helped start the car in an emergency or mechanical repair of the vehicle, so long as the individual required to use the IID does not operate the vehicle.
Transdermal Alcohol Device
A TAD is an anklet which continually monitors an individual's BAC. The device records and sends blood alcohol levels to a probation officer. The device is sophisticated enough to measure fumes of alcohol or chemicals in the individual's presence and can distinguish if the individual has consumed the alcohol or is just in an area where the fumes are present.
As a Boise Criminal Attorney, I have seen many individuals fitted with these devices. They are not required by statute but often a judge will require that an individual be monitored in this way. Often it is the case that the greater offender you are, the more likely you will be fitted with a TAD.
Ordinarily, a probation officer would do random UAs to see if the individual was violating their probation. The use of a TAD is continuous so there aren't any gaps in the monitoring.
A TAD can be ordered pursuant to a DUI conviction or the conviction of any other crime so long as one of the terms of the probation is that there is no consumption of alcohol. They can also be required as a condition of parole where one of the terms is that the individual may not consume alcohol.
If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise Criminal Attorney, give us a call (208) 472-2383. You will be glad you did.
Monday, April 16, 2012
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.
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.
Friday, March 16, 2012
Boise Criminal Lawyers - Criminal Defense - DUI Considerations
Criminal Defense of a DUI
Most people know that if you drive a vehicle with a blood alcohol content of .08% or greater you can be charged with a DUI. There are, however, other circumstances where a lower BAC will land you with a DUI. Criminal Lawyers are called upon regularly to defend driving under the influence charges in many different circumstances.
Minor DUI
If a minor has been drinking alcohol and drives a car, they can be charged with a DUI even if they don't have a BAC of .08%. The Idaho Code makes it a crime for a minor to drive with as little as a .02% BAC. What would not be considered a BAC high enough to charge an adult with a DUI, 0.2%-.0799%, would constitute sufficient alcohol in the system to charge a minor with driving under the influence.
In addition to the differences in the amount of alcohol required in the blood to be charged with drinking and driving, the underage DUI carries different penalties than that of an adult.
Commercial Vehicle DUI
Another exception to Idaho DUI law is for drivers of commercial vehicles. If you are operating a commercial vehicle under the influence of alcohol, you can be charged with a DUI if your blood alcohol concentration is .04% or greater.
As part of any DUI conviction, there is a required mandatory absolute suspension of your driver's license. If you are convicted of a commercial DUI, both your CDL and Class D driver's licenses are suspended and visa versa.
BAC Under .08% and Drugs in Your System
If you have a BAC of under 08% it is still possible to be convicted of a DUI. If you have drugs and alcohol in your system, upon the prosecuting attorney showing with competent evidence that you also had drugs in your system, you can be charged with a DUI. These can be illegal drugs, such as marijuana, meth or cocaine or it can be over the counter or prescription drugs. If the drugs impair you enough that the state's attorneys are able to show that the combination of drugs and alcohol made you unfit to drive, you can be charged with a DUI. An example of evidence that might be used would be a field sobriety test. If you fail the field test, but your Breathalyzer result is under a .08% it may created a reasonable suspicion in the mind of the police officer that something else, such as drugs, is going on. They can then require a blood draw to detect the presence of drugs. This is particularly damning for an individual because the results of a drug blood test registers "yes" or "no". There is no "acceptable" level. You may have smoked marijuana 1 week before your traffic stop and even though you would obviously not be impaired by the pot at that point in time you could be charged with a DUI. This is one of those critical situations where you need to have criminal defense attorneys who know how to get you out of this fix.
Drugs in Your System
The Idaho Code defines a DUI as having a BAC of .08% or greater OR the presence of drugs in your system or a combination of both. As a Boise Criminal Lawyer I often get calls from irate people who have been charged with a DUI when they haven't had one sip of alcohol. Idaho used to refer to a DUI as a DWI (driving while intoxicated). That term was changed because it seemed to indicate that you would have to be intoxicated to be charged with that crime. The crime didn't change, but the denotation did.
If you have been charged with a DUI or other crime in Idaho and need an experienced and aggressive Boise Criminal Lawyer, give us a call, (208) 472-2383, and see what we can do for you.
Most people know that if you drive a vehicle with a blood alcohol content of .08% or greater you can be charged with a DUI. There are, however, other circumstances where a lower BAC will land you with a DUI. Criminal Lawyers are called upon regularly to defend driving under the influence charges in many different circumstances.
Minor DUI
If a minor has been drinking alcohol and drives a car, they can be charged with a DUI even if they don't have a BAC of .08%. The Idaho Code makes it a crime for a minor to drive with as little as a .02% BAC. What would not be considered a BAC high enough to charge an adult with a DUI, 0.2%-.0799%, would constitute sufficient alcohol in the system to charge a minor with driving under the influence.
In addition to the differences in the amount of alcohol required in the blood to be charged with drinking and driving, the underage DUI carries different penalties than that of an adult.
Commercial Vehicle DUI
Another exception to Idaho DUI law is for drivers of commercial vehicles. If you are operating a commercial vehicle under the influence of alcohol, you can be charged with a DUI if your blood alcohol concentration is .04% or greater.
As part of any DUI conviction, there is a required mandatory absolute suspension of your driver's license. If you are convicted of a commercial DUI, both your CDL and Class D driver's licenses are suspended and visa versa.
BAC Under .08% and Drugs in Your System
If you have a BAC of under 08% it is still possible to be convicted of a DUI. If you have drugs and alcohol in your system, upon the prosecuting attorney showing with competent evidence that you also had drugs in your system, you can be charged with a DUI. These can be illegal drugs, such as marijuana, meth or cocaine or it can be over the counter or prescription drugs. If the drugs impair you enough that the state's attorneys are able to show that the combination of drugs and alcohol made you unfit to drive, you can be charged with a DUI. An example of evidence that might be used would be a field sobriety test. If you fail the field test, but your Breathalyzer result is under a .08% it may created a reasonable suspicion in the mind of the police officer that something else, such as drugs, is going on. They can then require a blood draw to detect the presence of drugs. This is particularly damning for an individual because the results of a drug blood test registers "yes" or "no". There is no "acceptable" level. You may have smoked marijuana 1 week before your traffic stop and even though you would obviously not be impaired by the pot at that point in time you could be charged with a DUI. This is one of those critical situations where you need to have criminal defense attorneys who know how to get you out of this fix.
Drugs in Your System
The Idaho Code defines a DUI as having a BAC of .08% or greater OR the presence of drugs in your system or a combination of both. As a Boise Criminal Lawyer I often get calls from irate people who have been charged with a DUI when they haven't had one sip of alcohol. Idaho used to refer to a DUI as a DWI (driving while intoxicated). That term was changed because it seemed to indicate that you would have to be intoxicated to be charged with that crime. The crime didn't change, but the denotation did.
If you have been charged with a DUI or other crime in Idaho and need an experienced and aggressive Boise Criminal Lawyer, give us a call, (208) 472-2383, and see what we can do for you.
Thursday, December 1, 2011
Boise Criminal Attorneys - Criminal Defense Lawyers (208) 472-2383
Criminal Law: Procedural Law v. Substantive Law
What is the difference and does it matter?
Undoubtedly, you have heard the statement "it was a travesty of justice!" These are stories of people, who were clearly guilty of a crime, but who got off scot-free. These stories are not urban myths. These are true stories which illustrate the impact of criminal procedural and the importance of having a criminal defense attorney who knows criminal procedure. Everyone charged with committing a crime would love to get off on a technicality and it is because of procedural law that this is even a possibility.
The substantive law tells you what acts constitute a crime and what the punishment for that particular crime is. For example, you would find driving under the influence or DUI in the Idaho Code. Here it would tell you that if you have a blood alcohol level of .08 or greater and you operate a motor vehicle or are in actual physical control of a vehicle you will be charged with a DUI and it will go on to tell you what the punishment is for a first time DUI, a second time DUI, a third time DUI, an excessive DUI and so on.
Procedural law, however, tells you what is a violation of your constitutional rights. It tells the police when they can pull you over, when they can search you, what evidence they can take, which witnesses can be investigated and the like. Procedural law includes your Miranda rights; "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you".
When procedural law is violated, you can exclude the evidence obtained by the violation and by excluding it you may, in effect, remove that evidence leaving the prosecuting attorney with no evidence to convict you. That's what it means to get off on a technicality.
Does it ever happen? You bet it does. It happens everyday. If the police pull you over because you are driving a 1970's Duster and they think that you look like a criminal and they later discover evidence of drugs in your car, that evidence can be excluded on the basis that there was no probable cause to pull you over in the first place. If the police have pulled you over because they suspect you have been drinking and they search your car without your permission or a warrant and they find counterfeit money in you glove box, that evidence can be excluded on the basis of an illegal search.
There are many scenarios like these. Whether they are a travesty of justice, however, is a matter of opinion. What kind of country would it be if someone was convicted of a crime and evidence was secured, but in the process their constitutional rights are violated?
If you have been charged with a crime and need to speak to a Boise Criminal Lawyer, give us a call at (208) 472-2383 and see what we can do for you.
What is the difference and does it matter?
Undoubtedly, you have heard the statement "it was a travesty of justice!" These are stories of people, who were clearly guilty of a crime, but who got off scot-free. These stories are not urban myths. These are true stories which illustrate the impact of criminal procedural and the importance of having a criminal defense attorney who knows criminal procedure. Everyone charged with committing a crime would love to get off on a technicality and it is because of procedural law that this is even a possibility.
The substantive law tells you what acts constitute a crime and what the punishment for that particular crime is. For example, you would find driving under the influence or DUI in the Idaho Code. Here it would tell you that if you have a blood alcohol level of .08 or greater and you operate a motor vehicle or are in actual physical control of a vehicle you will be charged with a DUI and it will go on to tell you what the punishment is for a first time DUI, a second time DUI, a third time DUI, an excessive DUI and so on.
Procedural law, however, tells you what is a violation of your constitutional rights. It tells the police when they can pull you over, when they can search you, what evidence they can take, which witnesses can be investigated and the like. Procedural law includes your Miranda rights; "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you".
When procedural law is violated, you can exclude the evidence obtained by the violation and by excluding it you may, in effect, remove that evidence leaving the prosecuting attorney with no evidence to convict you. That's what it means to get off on a technicality.
Does it ever happen? You bet it does. It happens everyday. If the police pull you over because you are driving a 1970's Duster and they think that you look like a criminal and they later discover evidence of drugs in your car, that evidence can be excluded on the basis that there was no probable cause to pull you over in the first place. If the police have pulled you over because they suspect you have been drinking and they search your car without your permission or a warrant and they find counterfeit money in you glove box, that evidence can be excluded on the basis of an illegal search.
There are many scenarios like these. Whether they are a travesty of justice, however, is a matter of opinion. What kind of country would it be if someone was convicted of a crime and evidence was secured, but in the process their constitutional rights are violated?
If you have been charged with a crime and need to speak to a Boise Criminal Lawyer, give us a call at (208) 472-2383 and see what we can do for you.
Monday, October 31, 2011
To Blow or Not To Blow - That is the Question - Boise Criminal Lawyers - DUI and Brathalyzer Considerations
As a Boise Criminal Lawyer I repeatedly hear from clients who have been charged with a DUI that they didn't blow (on the breathalyzer) because they thought without a breathalyzer reading the police wouldn't be able to prove they were intoxicated.
Unfortunately, this is not the case. While it is true that you cannot be charged with a DUI without the proper evidence to prove you were intoxicated, people don't often realize that the police can acquire that proof via a blood test. This isn't forced or without consent because when you get your Idaho driver's license you agree to allow the police to check for the presence of alcohol or drugs in your blood if you are suspected of driving under the influence.
So, to blow or not to blow? What's at stake? If you know you have been drinking and you know you probably have more than .08% BAC, it often makes more sense to go ahead and blow. While refusing may buy you time, until you get to the police station and have your blood drawn, you stand to get an automatic one year license suspension if your BAC comes back greater than a .08%. Compare this with the actual first time DUI maximum license suspension of 180 days (with the first 30 days being absolute).
So, does it ever make sense not to blow? This is a risky gamble because you don't know exactly what your BAC is. If at the time you were pulled over your BAC was just barely over .08 not blowing might mean the difference between reckless or inattentive driving and a DUI. Or, if your BAC is just barely over a .2 (excessive DUI), waiting and allowing your BAC to go down while you are waiting for a blood draw, might mean the difference between an excessive DUI and a regular DUI.
Because you will not know your actual BAC and because you stand to lose so much, it probably makes more sense to blow. Not blowing can lead to even greater and more serious consequences than taking your punches upfront. Being without a driver's license for 1 year can seriously impede your life.
If you have found yourself in this situation and you need to speak to a Boise Criminal Lawyer, give us a call and see what we can do for you. (208) 472-2383
Unfortunately, this is not the case. While it is true that you cannot be charged with a DUI without the proper evidence to prove you were intoxicated, people don't often realize that the police can acquire that proof via a blood test. This isn't forced or without consent because when you get your Idaho driver's license you agree to allow the police to check for the presence of alcohol or drugs in your blood if you are suspected of driving under the influence.
So, to blow or not to blow? What's at stake? If you know you have been drinking and you know you probably have more than .08% BAC, it often makes more sense to go ahead and blow. While refusing may buy you time, until you get to the police station and have your blood drawn, you stand to get an automatic one year license suspension if your BAC comes back greater than a .08%. Compare this with the actual first time DUI maximum license suspension of 180 days (with the first 30 days being absolute).
So, does it ever make sense not to blow? This is a risky gamble because you don't know exactly what your BAC is. If at the time you were pulled over your BAC was just barely over .08 not blowing might mean the difference between reckless or inattentive driving and a DUI. Or, if your BAC is just barely over a .2 (excessive DUI), waiting and allowing your BAC to go down while you are waiting for a blood draw, might mean the difference between an excessive DUI and a regular DUI.
Because you will not know your actual BAC and because you stand to lose so much, it probably makes more sense to blow. Not blowing can lead to even greater and more serious consequences than taking your punches upfront. Being without a driver's license for 1 year can seriously impede your life.
If you have found yourself in this situation and you need to speak to a Boise Criminal Lawyer, give us a call and see what we can do for you. (208) 472-2383
Thursday, September 29, 2011
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
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
Monday, July 18, 2011
Boise Family Law Lawyers - Criminal Attorneys - DUI, Criminal Law, Divorce and Custody
Kershisnik Law, (208) 472-2383, Boise Attorneys handling Family Law, Divorce, Criminal Law, DUI and juvenile matters in Boise, Idaho. Call now for your free consultation.
Anonymous tips and DUI in Idaho:
According to the Idaho State Police DUI accounts for 39% of all fatal traffic collisions in Idaho. The number of drivers who are cited for DUI in Idaho is staggering. Over 10,000 drivers a year are arrested for DUI in Idaho. The Idaho State Police have an ongoing campaign aimed at deterring and stopping driving under the influence of drugs or alcohol. Part of the campaign is aimed at the general public. It is called REDDI (Report Every Drunk Driver Immediately).
The REDDI campaign asks that every citizen who witnesses a drunk driving incident report it immediately to the police. They ask that the location and direction of movement, be reported along with the vehicle description, license plate number and number of people in the vehicle. What the REDDI campaign fails to ask, however, is that you also give your name.
Why is it important for you to give your name? Well, firstly, whenever you call into the police they ask for your name. You don't have to give your name, but then your tip becomes anonymous. This is all important because if the driver of the vehicle has stopped driving the car by the time the police arrive, there needs to be credible evidence that that person was actually operating the motor vehicle. If the police have received an anonymous tip, then there is no eyewitness to give testimony about the driver. If there is no credible testimony about the driver being drunk, then they cannot be convicted of DUI.
If you are an adult, there is no law against being drunk in your own home. If the police, operating on an anonymous tip, arrive at that person's home and find them drunk, unless they are doing something illegal like disturbing the peace, there is nothing they can do. If they did not witness them operating a motor vehicle while under the influence, they cannot arrest them.
This type of case has been heard repeatedly by the Idaho State Supreme Court and the Court has unheld the decision that a DUI arrest cannot be made pursuant to an anonymous tip. While to some this may seem arbitrary and letting a criminal go, it is critically important to the criminal justice system. It helps to protect your rights. The last thing anyone wants is to be convicted of a crime based upon unreliable evidence.
People often ask if you need an attorney to represent you for a DUI or other criminal matter. This is a prime example of why it is so important to have an experienced DUI Lawyer on your side when you are charged with a DUI. If you don't have a criminal attorney representing you how will you know if the police received information about you driving under the influence from an anonymous tip? Would you even know to ask that type of information? This can make the difference between a conviction and a lesser charge or even going free. There are all sorts of evidence hoops that you will not know about and you can be certain that the prosecuting attorneys won't tell you.
If you have been charged with a DUI and need to speak to a Boise Criminal Attorney or a Boise DUI Lawyer, please give us a call, (208) 472-2383. We always offer a free consultation. Call now.
Anonymous tips and DUI in Idaho:
According to the Idaho State Police DUI accounts for 39% of all fatal traffic collisions in Idaho. The number of drivers who are cited for DUI in Idaho is staggering. Over 10,000 drivers a year are arrested for DUI in Idaho. The Idaho State Police have an ongoing campaign aimed at deterring and stopping driving under the influence of drugs or alcohol. Part of the campaign is aimed at the general public. It is called REDDI (Report Every Drunk Driver Immediately).
The REDDI campaign asks that every citizen who witnesses a drunk driving incident report it immediately to the police. They ask that the location and direction of movement, be reported along with the vehicle description, license plate number and number of people in the vehicle. What the REDDI campaign fails to ask, however, is that you also give your name.
Why is it important for you to give your name? Well, firstly, whenever you call into the police they ask for your name. You don't have to give your name, but then your tip becomes anonymous. This is all important because if the driver of the vehicle has stopped driving the car by the time the police arrive, there needs to be credible evidence that that person was actually operating the motor vehicle. If the police have received an anonymous tip, then there is no eyewitness to give testimony about the driver. If there is no credible testimony about the driver being drunk, then they cannot be convicted of DUI.
If you are an adult, there is no law against being drunk in your own home. If the police, operating on an anonymous tip, arrive at that person's home and find them drunk, unless they are doing something illegal like disturbing the peace, there is nothing they can do. If they did not witness them operating a motor vehicle while under the influence, they cannot arrest them.
This type of case has been heard repeatedly by the Idaho State Supreme Court and the Court has unheld the decision that a DUI arrest cannot be made pursuant to an anonymous tip. While to some this may seem arbitrary and letting a criminal go, it is critically important to the criminal justice system. It helps to protect your rights. The last thing anyone wants is to be convicted of a crime based upon unreliable evidence.
People often ask if you need an attorney to represent you for a DUI or other criminal matter. This is a prime example of why it is so important to have an experienced DUI Lawyer on your side when you are charged with a DUI. If you don't have a criminal attorney representing you how will you know if the police received information about you driving under the influence from an anonymous tip? Would you even know to ask that type of information? This can make the difference between a conviction and a lesser charge or even going free. There are all sorts of evidence hoops that you will not know about and you can be certain that the prosecuting attorneys won't tell you.
If you have been charged with a DUI and need to speak to a Boise Criminal Attorney or a Boise DUI Lawyer, please give us a call, (208) 472-2383. We always offer a free consultation. Call now.
Thursday, May 19, 2011
Boise Criminal Lawyer - Idaho Criminal Defense Attorneys - Felony DUI
Boise Criminal Lawyer, Idaho Criminal Defense Attorneys call (208) 472-2383, DUI, DWP, Felony, Misdemeanor and all criminal charges in Idaho.
DUI in Idaho is a serious crime. It can lead to serious consequences for your life, your family and your job. A DUI charge is exacerbated if it is an excessive DUI or a second or third offense. You very quickly move from a misdemeanor charge on your record to a felony charge.
As a Boise Criminal Lawyer I have seen the effects of felony DUI on families. When you are convicted of a felony it becomes very difficult to keep your job or to be hired for a new job. Employment can become tenuous. Often potential employers ask if you have ever been convicted of a felony and will not hire you on that basis. If you have been repeatedly charged with drinking and driving because you have a drinking problem, it can tear your family apart. As a Boise Divorce Attorney I see divorce and custody battles regularly that have the underlying cause of alcoholism and the consequences associated with that such as DUI.
There can be many underlying causes for repeat or excessive DUI offense. As a Boise Criminal Lawyer it is not only my job to help you, depending upon the facts of your case, get a fair and non-excessive or overly punitive sentence but to make certain that you take advantage of the programs that are available to help you when you have been charged with an excessive, repeat or felony DUI. Even if you have the facts available to have the DUI charge against you dropped due to a technicality or a violation or your constitutional rights, if you have more than one DUI it is critical if you are going to prevent further DUI charges that you take a serious look at the underlying cause for the repeat charges.
If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise Criminal Lawyer or an Idaho Criminal Defense Attorney, please call (208) 472-2383 to speak to one of our attorneys now.
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