THIRD OFFENSE DUI / .08 OR MORE WITHIN 10 YEARS


  • Felony Violation
  • 30 days mandatory jail time
  • Maximum 10 years in prison
  • Maximum $5,000.00 fine
  • Driver's license suspension: Up to 5 years with one year mandatory after release from confinement
  • ​Ignition Interlock

FREE CONSULTATION

208-595-5555

410 S. Orchard #184

Boise, Idaho 83705


FIRST OFFENSE EXCESSIVE DUI .20 BAC OR MORE


  • Misdemeanor violation
  • 10 days mandatory jail up to 1 year maximum
  • Maximum $2,000.00 fine
  • Mandatory 1 year driver's license suspension
  • ​Ignition Interlock

FIRST OFFENSE DUI / 0.8 OR MORE


  • Misdemeanor
  • Up to 6 months in jail
  • Maximum $1,000.00 Fines
  • ​License Suspension 90-180 days

HOW WE FIGHT YOUR DUI

SECOND OFFENSE DUI / .08 OR MORE WITHIN 10 YEARS​


  • Misdemeanor
  • Jail: 10 days mandatory with a maximum of one year
  • Maximum $2,000.00 fine
  • One year mandatory driver's license suspension with no driving privileges at all. 
  • ​Ignition interlock mandatory

IDAHO DUI'S & PENALTIES

SECOND OFFENSE EXCESSIVE WITHIN 5 YEARS


  • Felony Violation
  • 30 days mandatory jail time 5 years maximum prison time
  • Maximum $5,000.00 fine
  • Driver's license suspension: Up to 5 years with one year mandatory after confinement
  • ​Ignition Interlock


AGGRAVATED DUI


  • ​Felony Violation
  • 15 Year maximum prison sentence
  • ​$5,000.00 maximum fine

​​​UNLAWFUL STOP


  • In Idaho, a law enforcement officer cannot stop you without having a reasonable suspicion that a law has been violated, or that there has been unusual operation of the motor vehicle. 
  • We have won a number of cases based on officers stopping someone without proper reasonable suspicion.  For example see State of Idaho v. John Cody Long. 


MEDICAL & HEALTH REASONS


  • If you suffer from medical problems with your legs, arms neck, back or eyes these issues can affect how you perform on field sobriety tests.  If you have other conditions such as Gastroesophageal Reflux Disorder (heartburn) this may cause an unnaturally high blow into the breath testing device. 
  • The truth is many medical problems can affect the outcome of a DUI in Idaho. We have developed a 32 page questionnaire for our clients to fill out that covers every conceivable way we can imagine to beat your case. 


POOR ROAD CONDITIONS OR BAD WEATHER


  • Weather reports that show low visibility, high winds, and/or other conditions may be used to explain poor driving or balance on field sobriety tests. 
  • The same holds true for poorly maintained roads.  Many of our roads in Idaho have potholes or much needed maintenance that can affect your driving pattern. 


FIGHT TESTING PROCEDURES


  • The tests you did by the side of the road may not be admissible for a number of reasons.  There are too many legal and factual scenarios to go into here, but officers oftentimes make mistakes while administering these tests and that can be to your benefit. 
  • It is also possible that the breath test you provided was invalid.  Never assume that the testing equipment is working correctly.  
  • Blood tests may not be valid either.  If you were transported to the hospital and blood was taken for medical purposes it may not be valid for law enforcement. 
  • If you blood was taken, did they obtain a warrant first?  According to Idaho law, unless there has been an accident involved, law enforcement must first apply for, and obtain a warrant before forcing you to provide a blood sample.


DRUG RELATED DUI


  • If you have been stopped for a drug related DUI there are a number of ways to fight this case in Idaho. 
  • First of all, law enforcement generally calls in a DRE or Drug Recognition Expert to administer specialized to tests to determine whether or not you were "under the influence" of an intoxicating substance.  This is usually fertile ground to fight a DUI charge. 
  • Next, oftentimes, law enforcement is unable to tell how much of an intoxicating substance was in your body at the time of your arrest.  So, they might be able to show marijuana in your system but they cannot say how much and rarely can they show how it affects your ability to drive.