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DUI Law

Idaho DUI Crimes

If you find yourself being charged with a DUI, there are some things you need to know. Facing conviction of DUI in Idaho can carry penalties such as jail time, court costs, probation costs, and restitution when applicable.

As an Idaho criminal defense firm, we have proven dedication and success when representing clients that face prosecution for DUI and other crimes across the legal spectrum.

Without seeking the advice of competent legal counsel, your rights may be in jeopardy. No case should be considered insignificant regarding matters that directly affect your personal affairs.

Various DUI Violations

Your first DUI violation is a misdemeanor. The court may impose:

  1. A jail sentence for up to six months
  2. Fines up to $1,000
  3. Suspend your driving privileges for up to 180 days

Your second DUI violation within 10 years is a misdemeanor. The court may impose:

  1. Jail sentence of up to 1 year
  2. Fines up to $2,000
  3. Suspend your driving privileges for up to 1 year, following your release from jail

Your third DUI violation within 10 years is a felony. The court may impose:

  1. A sentence for up to 5 years at the State Board of Corrections
  2. Fines up to $5,000
  3. Suspend your driving privileges for up to 5 years with a minimum of 1 year

DUI Procedure

Idaho has an implied consent law. That means if you refuse to submit to a chemical test, you will be subject to a fine and automatic license suspension (which is a civil penalty).

In the state of Idaho, you have seven (7) days after your arrest to request a DMV administrative hearing to keep your license from being suspended. If a breath sample was not provided, you will also be required to submit a formal request for a hearing, in writing, to the Department of Transportation.

Idaho allows for potential plea bargain deals on First DUI charges. Our offices may be able petition for a lesser charge.

To get your license reinstated, you will need to show evidence of an SR22 insurance policy, as your current car insurance provider will likely drop your coverage. You will also need to pay a $85 fee to the DMV to reinstate your license

Additionally, you may need to complete alcohol treatment as well as an evaluation and victim’s panel to ensure you understand the reasons that drunk driving is wrong. You will need to pay for this penalty out-of-pocket before you are eligible to have your license back.
Idaho DUI Information
If convicted of a first DUI in Idaho, a driver faces both criminal penalties and administrative action. In practice, administrative action to suspend one’s license commences prior to criminal proceedings or conviction. As an Idaho criminal defense attorney, I have the passion, dedication, and success, representing clients that face prosecution for various crimes involving misdemeanors, DUI’s, all forms of felonies and manslaughter. No case should ever be considered too small or inconsequential when talking about your freedom. Being prosecuted for a criminal offense is something that no one is prepared for, and it can literally turn your life upside down.

Facing criminal charges is intimidating to say the least, and without the representation of a seasoned aggressive criminal defense, the consequences can be quite severe. The selection of the right criminal defense attorney will likely be one of the most important decisions one will ever make, so it is critical to do your research and choose wisely. When unfortunate enough to be charged with a crime it can seem like a nightmare without end. Your very freedom, reputation and dignity are on the line, and what you need is an aggressive attorney that is experienced, successful and well regarded in criminal defense.
DUI Procedure
Consult a Lawyer Immediately
In this state, you have 7 days after your arrest to request a DMV administrative hearing to keep your license from being suspended. You are also required within 7 days after a DUI refusal and a hearing with DOT within 7 days after the DUI arrest. This means that you should contact a lawyer immediately to have a chance of reducing your penalties, especially since the request must be in writing.

Idaho allows you to plea bargain your DUI case down to a lesser charge, such as wet or dry reckless driving, both of which carry milder punishments than a third DUI. Talk to a lawyer about your plea options if you wish to do anything other than plead guilty to this felony
Miranda Rights
What are your Miranda Rights?
We the People - The wording used when a person is read the Miranda Warning, also known as being “Mirandized”, is clear and direct: 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 an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?

Some police departments in Indiana, New Jersey, Nevada, Oklahoma, and Alaska add the following sentence: We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court.

The suspect must give a clear, affirmative answer to this question. Silence is not acceptable as waiving these rights because the arrestee may not understand or may not speak English as his or her first language. If the Miranda Warning must be translated to the suspect, that translation is usually recorded.

There is more to it than that: If the individual indicates in any manner, at any time prior to or during questioning, that he or she wishes to remain silent, the interrogation must cease. If the individual states that he or she wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him or her present during any subsequent questioning.

It is important to note that police are only required to Mirandize a suspect if they intend to interrogate that person under custody. Arrests can occur without the Miranda Warning being given. If the police later decide to interrogate the suspect, the warning must be given at that time. Their vigilance to this rule means less chance of a case being overturned in court due to poor procedure on their part.

If public safety is an issue, questions may be asked without the defendant being Mirandized, and any evidence obtained may be used against the suspect under these circumstances. The Miranda Warning is all about questioning and being protected from self-incrimination under the Fifth Amendment, not being arrested.

The person arrested must still answer questions asked about their name, age, address, etc. They can be searched in order to protect the police officer. Also, a confession given before a suspect has been read the Miranda Warning may find that confession entered as evidence in court. Police may take blood from a driver suspected of DUI.

If you have been Mirandized and you waive your rights, meaning you wish to speak to police freely without an attorney present, you can change your mind at any time and “plead the fifth”, meaning you no longer wish to answer questions, or that you have changed your mind and wish to have an attorney present after all.

In some states, juveniles have the right to remain silent without his or her parent or guardian present.

US military branches provide for the right against self-incrimination by providing a form that informs the suspect of the charges and their rights. They are required to sign the form.
DOT and BAC Hearings
The minimum jail time for a third offense DUI is 30 days, though you could face up to 5 years in prison. In addition, you will have to endure supervised probation for an amount of time specified by the judge. It usually ranges from 3 to 5 years.

You can expect to pay up to $5000 in fines for your third DUI in Idaho.

Administrative Penalties
You will have your license suspended for at least 1 year when you get a DUI for the third time in Idaho. The maximum length of license suspension is 5 years, so it is important to have an attorney fighting on your side to reduce these penalties. The suspension starts when you are released from your jail sentence.

To get your license reinstated, you will need to show evidence of an SR22 insurance policy, as your current car insurance provider will likely drop your coverage. You will also need to pay a $85 fee to get your license reinstated.

Additionally, you may need to complete alcohol treatment, as well as an evaluation, victims panel, to ensure that you understand the reasons that drinking and driving is wrong. You will need to pay for this penalty out-of-pocket before you get your driver’s license back.

Consult a Lawyer Immediately
In this state, you have 7 days after your arrest to request a DMV administrative hearing to keep your license from being suspended. You are also required within 7 days after a DUI refusal and a hearing with DOT within 7 days after the DUI arrest. This means that you should contact a lawyer immediately to have a chance of reducing your penalties, especially since the request must be in writing.

Idaho allows you to plea bargain your DUI case down to a lesser charge, such as wet or dry reckless driving, both of which carry milder punishments than a third DUI. Talk to a lawyer about your plea options if you wish to do anything other than plead guilty to this felony.
Breath Test Refusal
If you have refused a breath test for BAC (blood alcohol content), under Idaho law you have 7 days from the date of your arrest to request a BAC hearing.

If a hearing is not requested, your driver’s license shall be suspended absolutely-with no work driving privileges-for six months, regardless of any late determinations on the separate charge of DUI.
Driving Without Privileges

J. E. Sutton & Associates will get your driving privileges reinstated as soon as possible. Depending upon your circumstances, we may be able to negotiate a reduction in your suspension period or even an amended charge that does not involved a suspension. If your driving privileges are necessary for employment, school, or family health needs, we will request restricted driving privileges for you.

Penalties for Driving Without Privileges

Our first priority is to persuade the prosecuting attorney to amend or dismiss your charge. Rest assured that we will use our experience and influence to negotiate the best possible resolution of your case.

If you ultimately decide to plead guilty, we automatically request authorization of a work detail program or an equivalent amount of community service rather than jail time.

A first violation is a Misdemeanor and the Court:

  • shall impose a mandatory minimum jail sentence for a period of not less than 2 days, and may impose not more than 6 months.
  • may impose a fine not to exceed $1000.
  • shall suspend driving privileges for an additional 6 months.

A second violation within 5 years is a Misdemeanor and the Court:

  • shall impose a mandatory minimum jail sentence for a period of not less than 20 days, and may impose not more than 1 year.
  • may impose a fine not to exceed $1,000.
  • shall suspend driving privileges for an additional 1 year, during the first 30 days of which time there will be absolutely no driving privileges of any kind.

A third violation within 5 years is a Misdemeanor and the Court:

  • shall impose a mandatory minimum jail sentence for a mandatory minimum period of not less than 30 days, and may impose not more than 1 year.
  • may impose a fine not to exceed $3,000.
  • shall suspend driving privileges for an additional 2 years, during the first 90 days of which there will be absolutely no driving privileges.
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Office:
(208) 336-4444
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