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Idaho Drunk Driving Defense Attorneys

1. Boise
2. Caldwell
   1. Perkins Law: * DWP Ñ Driving Without Privileges * DUI Ñ Driving Under the Influence (this includes illegal drugs and drunk driving) * Reckless driving and inattentive driving * Speeding and other common infractions Fighting License Suspensions Many people have their licenses suspended without ever realizing it, and without realizing they have done anything wrong. A license can be suspended for failing to make child support payments or traffic tickets. If you move, or if you miss the notices in the mail, your situation could snowball: once your license is suspended, you risk being charged with Driving Without Privileges (DWP) any time you are pulled over. DWP carries a mandatory minimum sentence of two days in jail. In these situations, prosecutors are more concerned with making sure you catch up on your child support or pay your old parking tickets than they are concerned with keeping your license suspended. An experienced lawyer can advise you on how to catch up with payments and negotiate a driver's license restoration with the prosecuting attorney. Fighting DUI Charges If you are charged with drunk driving, you will lose your Driver's License and receive a temporary license that will expire after 30 days. You have seven days to schedule a hearing where you can ask the court not to suspend your license, or to give you a limited license that will allow you to go to work, school and other essential places.
3. Coeur d'Alene
4. Eagle-
5. Charney & Associates: Driving under the influence (DUI) or driving while intoxicated (DWI), commonly referred to as drunk driving, charges are serious. You can lose your driving privileges, pay high fines, watch your insurance rates skyrocket or get cancelled, and you may even go to jail, especially if you have previous drunk driving offenses. Driving under the influence (DUI) charges (sometimes referred to as driving while intoxicated (DWI) or drunk driving) can have a profound impact on your life. To assist you in understanding the charges, the reasons to seek counsel and the penalties you may be facing, we are providing answers to a few frequently asked questions. DUI FAQ #1: Can I go to jail for drunk driving? Answer: Yes, especially if someone was hurt or if you have multiple DUI offenses. We have had success in obtaining DUI probation for first-time offenders when there was not an accident or when no one was hurt. DUI FAQ #2: Can I refuse a sobriety test (field sobriety or Breathalyzer test)? Answer: Yes, but there will be consequences. If you refuse to take a sobriety test, you will very likely face a one-year driver's license suspension. DUI FAQ #3: Can I represent myself in court? Answer: Yes, but retaining the services of a qualified counsel will likely attain better results. A skilled, experienced DUI defense attorney knows how to properly file motions to suppress or dismiss, challenge the evidence and challenge the constitutionality of the charges, which may lead to a dismissal of the charges against you. In addition, a DUI-DWI defense attorney may be able to negotiate a favorable deal with the prosecutor. DUI FAQ #4: Will I lose my driver's license? Answer: You will most likely lose your driving privileges for a period of time. The length of time depends on a number of factors, including previous DUI convictions, the severity of the charges, whether you were involved in an accident in which people were injured, your blood alcohol content (BAC), etc. However, an experienced DUI attorney may be able to assist you in keeping you driving privileges in certain circumstances, such as for work or other necessities.
6. Idaho Falls
7. Lewiston
8. Moscow-Mossman Law Offices: A conviction will result in fines and possibly land you in jail. In addition, your insurance company may increase your rates to an unmanageable level. In defending against a DUI charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced attorney can make all the difference in such a difficult case.
9. Meridian-Kormanik Hallam & Sneed: When you are charged with committing a crime, it is extremely important to hire an attorney who is willing to devote significant attention to your case. We say this because people convicted of a crime face more than just criminal penalties; they also face a potential lifelong social stigma, as well as diminished employment, housing and educational opportunities. Did You Know? One DUI Offense Causes Two Different Charges. Many individuals believe that drunk driving is a criminal matter. In fact, they are only half right. A single charge of Driving Under the Influence (DUI) involves criminal charges and an administrative hearing before the Idaho Transportation Department to determine whether your driver's license will be suspended. You may have your license suspended in one proceeding but not in the other: * Administrative License Suspensions (ALS) Upon arrest for DUI, you will be given a ÒNotice of SuspensionÓ of your driverÕs license. According to the ÒNotice of Suspension,Ó and Idaho law, you have seven days to make a written request for a hearing during which you may prove your license should not be suspended by the Idaho Department of Transportation. If you do not prevail at the hearing, or if you do not request a hearing, your license will be suspended. It is very important that you act quickly to prevent this from happening. Hire a lawyer now. * Criminal Court If you are found guilty of DUI in criminal court, you will be sentenced to pay heavy fines. You may be forced to spend time in jail, attend alcohol meetings, perform community service, install an alcohol interlock device on your car (at your own expense), and you may be placed on probation. We will fight aggressively to have your charges dropped, to minimize your penalties, or negotiate a sentence that won't interfere with your life too drastically. In addition, if you are found to have blood alcohol content over .20, if you are facing your 3rd DUI in ten years, or if you caused an injury while driving while under the influence of alcohol or drugs, you will be charged with felony DUI. Felony DUI charges carry very serious penalties Ñ including a year or more in prison. If you have been charged with DWI or DUI, you should act quickly.
10. Moscow-Charlens Kovis: DUI - DWI Drunk driving is a serious offense, and you will need serious DUI attorneys if you get into trouble. If you are convicted of driving under the influence of drugs or alcohol, you are subject to a wide range of criminal penalties, civil liability, and numerous other consequences. You need someone that knows the laws and can provide you with the best defense possible.
11. Nampa-Gulstrom & Henson{ A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law (court created) crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea." Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50%. The criminal process can be difficult to manage and negotiate for the average person.
12. Payette
13. Pocatello
    1. Snake River Law: There are many ways to lose your driverÕs license or Idaho driving privileges if you are stopped and cited for drunk driving in Pocatello or anywhere in Idaho. Failing the field sobriety tests and/or evidentiary testing (breath or blood tests) can cause you to lose your Idaho driverÕs license and driving privileges. Refusing to submit to evidentiary testing can result in a loss of your Idaho driverÕs license for a one (1) year mandatory period. Snake River Law may be able to help you keep your driverÕs license or get it back if it was taken from you as a result of an Idaho DUI charge. Please keep reading to learn more. What Should You do If Stopped for DUI in Idaho? 1. You do not have to answer any questions the police officers ask. You can politely decline to answer questions without an attorney. Why? The only answers that will be included in the police report will be answers that tend to show you were driving under the influence. 2. Always be courteous and cooperative with the police officers and politely decline to answer questions or participate in testing. Your attitude during the stop may affect your ability to get the charge dismissed or reduced. 3. Decline to take the field sobriety tests (i.e. gaze nystagmus, walk & turn, one-leg stand) because you are not required to perform the tests and regardless of your condition the officers will probably conclude that you have failed the tests and find probable cause to request further testing. 4. Agree to take the evidentiary breath test, if your are confident you are under .08 blood alcohol content (BAC). Remember that any refusal of the handheld testing could result in a 1 year absolute suspension of your driving privileges. 5. If you are cited for DUI and your license is suspended (this includes when your license is taken and a temporary permit issued) make sure you or your attorney requests a hearing before the Idaho Department of Transportation within 7 days to contest your suspension. 6. If you have the resources, immediately upon release from police custody go to an available medical facility and ask for a blood test to determine your blood alcohol content, as these test generally are more accurate. Should I Just Plead Guilty to the DUI Charge? NO! And hereÕs why: 1. Just because you were cited for DUI and the results of the breath test was over .08 blood alcohol content does not mean that you are guilty. Infrared breath analysis are not the most accurate devices and their accuracy may be subject to challenge. Also, all evidence collected by police officers through field sobriety tests and physical observation may be subject to challenge, depending on the procedure used by the officers. 2. DUI is a serious offense with serious penalties. Your driving privileges could be suspended by the Idaho Department of Transportation and by the judicial system for one (1) to five (5) years with no driving privileges. If you have a commercial drivers license your commercial license may be suspended for a mandatory one (1) year period. You may have to go to jail and if it is your second or third offense you will have a minimum ten (10) days in jail. You will be placed on some form of probation wherein in you lose certain civil rights and have to pay the costs of supervision. Fines and reinstatement fees can also range between $500.00 to $1,000.00. You may also be required to attend treatment or AA meetings. A DUI conviction has serious consequences on your life and your ability to maintain your employment. 3. You may be able to win your DUI defense case. Winning your DUI case may include having the charge reduced to a different offense or obtaining a plea bargain that avoids a conviction (e.g. withheld judgments). Without consulting an Idaho DUI lawyer you may miss the opportunity to exhaust your investigation, conduct discovery, examine witnesses, and fully understand the consequences of pleading guilty to DUI. 4. If you have a commercial driverÕs license, you will lose that license. Idaho requires any driver with a commercial driverÕs license (i.e. Class A, B, or C) that is convicted of DUI, even if they were driving their personal vehicle, to have their commercial driving privileges suspended for one (1) year with absolutely no commercial driving privileges. What Does the Prosecutor Have to Prove to Convict Me of DUI? Probable Cause Police officers must make a finding of probable cause to stop the driver of a motor vehicle in a DUI case. If the officers lacked sufficient cause, any evidence obtained as a result of the stop, which would likely include all evidence except observations of driving, must be suppressed by the Court. Any request for suppression must be made within 28 days of entering a plea of not guilty. If probable cause for the stop existed, the prosecution still must justify the investigatory detention. Again, if there are insufficient facts to warrant detaining the driver beyond a temporary stop, then it may be possible to suppress the evidence. If successful, this will suppress all evidence but observations and statements made during the brief stop. Finally, if there existed probable cause to detain the individual for a field investigation, the officers still must show evidence of intoxication to warrant an arrest. The prosecutionÕs failure to meet these standards of probable cause may result in a judge suppressing all evidence obtained after the driver establishes a failure to find probable cause. Please consult an Idaho DUI attorney because there are also numerous Idaho and federal cases that interpret Òprobable causeÓ. Idaho DUI: Elements of the Offense The prosecution has to prove in Idaho that: 1. You were under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or you have an alcohol concentration of 0.08 or greater; 2. You were driving or were in actual physical control of a motor vehicle; Note: Idaho defines Òactual physical controlÓ as being in the driverÕs position of the motor vehicle with the motor running or with the motor vehicle moving. 3. Within the State of Idaho; and 4. Your driving or actual physical control of a motor vehicle occurred upon a highway, street or bridge of the State of Idaho, or upon public or private property open to the public (e.g. WalmartÕs parking lot). DUI: Penalties in Idaho DUI: First Offense If you plead guilty or are found guilty of a DUI and its your first offense in the last ten (10) years, you will be guilty of a misdemeanor. 1. Jail sentence: Up to six (6) months. 2. Fine: Up to one thousand dollars ($1,000.00). 3. Impact on Driving Privileges: A court-imposed driverÕs license suspension for 90 to 180 days. The first thirty (30) day period you will have absolutely no driving privileges of any kind. After the thirty (30) day period of absolute suspension of driving privileges has passed, you will have your driving privileges suspended by the court for an additional period of at least sixty (60) days with up to one hundred fifty (150) days, during which you can request restricted driving privileges if necessary for employment, school, or family health needs. Note: this suspension is separate from any administrative suspension before the Idaho Department of Transportation, so you could potentially have two Idaho driving privilege suspensions. 4. Probation: The court will likely impose a period of probation, regardless of the type of sentence entered, for a minimum of six (6) months and up to one (1) year. Depending on your prior record, BAC results, and likelihood to re-offend, probation could be unsupervised to the court or supervised by the Idaho Department of Probation and Parole. All supervision costs are at your expense. 5. The provisions regarding disqualification of your commercial license apply, which results in a one year suspension of your commercial license. DUI: Second Offense If you plead guilty or are found guilty of a DUI, and its your second offense within ten (10) years, you will be guilty of a misdemeanor. 1. Jail sentence: Mandatory minimum period of not less than ten (10) days the first forty-eight (48) hours of which must be consecutive, and five (5) days of which must be served in jail. The other five days, at the discretion of the judge, may be served on the Sheriff Inmate Labor Detail. The maximum jail sentence is up to one (1) year. 2. Fine: Up to two thousand dollars ($2,000.00). 3. Impact on Driving Privileges: Mandatory minimum period of one (1) year after release from confinement with absolutely no driving privileges of any kind. Note: this suspension is separate from any administrative suspension before the Idaho Department of Transportation, so you could potentially have two Idaho driving privilege suspensions. 4. Ignition Interlock System: You will be required to drive only a motor vehicle equipped with a functioning ignition interlock system, following the one (1) year mandatory license suspension period during your period of probation. 5. Probation: The court will likely impose a period of probation, regardless of the type of sentence entered, for a minimum of one (1) year. All supervision costs are at your expense. 6. The provisions regarding disqualification of your commercial license apply, which results in a one year suspension of your commercial license. DUI: Three (3) or more offenses If you plead guilty or are found guilty of a DUI, and its your third or more offense within ten (10) years, you will be guilty of a felony. 1. Jail sentence: A mandatory minimum period of thirty (30) days, the first forty-eight (48) hours of which must be consecutive, and ten (10) days of which must be served in jail. The maximum jail sentence is up to ten (10) years. 2. Fine: Up to five thousand dollars ($5,000.00). 3. Impact on Driving Privileges: Mandatory minimum period of one (1) year after release from confinement with absolutely no driving privileges of any kind, with additional suspension with absolutely no driving privileges for up to five (5) years. Note: this suspension is separate from any administrative suspension before the Idaho Department of Transportation, so you could potentially have two Idaho driving privilege suspensions. 4. Ignition Interlock System: You will be required to drive only a motor vehicle equipped with a functioning ignition interlock system, following the one (1) year mandatory license suspension period during your period of probation. 5. Probation: The court will likely impose a period of probation, regardless of the type of sentence entered, for a minimum of one (1) year. All supervision costs are at your expense. 6. The provisions regarding disqualification of your commercial license will likely apply, which results in a one year suspension of your commercial license. Effect of a DUI on a Commercial License When you were cited for DUI, if you were (1) operating a commercial motor vehicle or (2) if you hold a class A, B or C driverÕs license, even if you werenÕt driving a commercial vehicle, you will be disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if convicted in the form of a judgment or withheld judgment of a first violation under any state or federal law. Also, if you were (1) operating a commercial motor vehicle, or (2) if you hold a class A, B or C driverÕs license, even if you werenÕt driving a commercial vehicle, you will be disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if you refuse to submit to a test to determine your alcohol concentration while operating a motor vehicle. Effect on Out-of-State Licenses If you have an out-of-state license when you are convicted for DUI in Idaho or fail or refuse to submit to an evidentiary test your license will be suspended. Any suspension entered in Idaho will apply to your license issued from another state. Idaho reports all DUI convictions, failures of evidentiary testing, and refusals of evidentiary testing to the other states. This information is current as of February 1, 2010. Any opinion or comment contained herein is the professional opinion of the law firm Snake River Law and its attorneys; and may or may not be applicable to your case or the judicial/administrative interpretation of the law. Please check the applicable Idaho Code sections found in I.C. ¤¤ 18-8001 et seq. for any amendments to the statutes since February 1, 2010 or consult an Idaho DUI attorney.
    2. Dial, May & Rammell: DUI Defense Have you been charged with a Felony or Misdemeanor DUI? Did you realize that if you do not request a hearing within seven days after a DUI, you can lose your license automatically for 180 days? Do NOT let this happen to you! Often times, DUI charges can be defeated and/or dismissed if the proper defenses are asserted.
14. Priest River
    1. Jacquot, David: We as Americans are fortunate to live in the finest country in the world. We have rights and freedoms only dreamed about in other parts of the world. However, these rights and freedoms can be lost if not defended. If convicted of a crime, you can lose your property, your liberty, and even possibly your life. Our judicial system recognizes your right to defend your Freedom. In fact our system views the defense of your Freedom so important that you have the "right to an attorney. " We believe that you have the "right to a good attorney." You deserve a well educated, experienced attorney that is committed to providing you the "Best Shot" at defending your freedom. We firmly believe that whenever freedom is challenged, it should be defended. David Jacquot has spent his adult life defending freedom. From combat in the sands of Iraq to the courtrooms of our country, he is dedicated to the aggressive defense of our freedoms. Although no guarantees can be made about the outcome of any case, we can guarantee that we will be relentless in your defense. We provide criminal defense services for: o Misdemeanor o Felony o Drunk Driving DUI DWI o Federal & State Cases o White Collar Crime o Tax Crimes (See Below) We provide aggressive TRIAL DEFENSE services for persons serious about their freedom. It is not our practice to simply seek a "plea bargain." This does not mean that our clients never get good plea bargains. It only means that we plan to go to trial from day one, and prepare for the same. We feel that a client's interest is better served through intensive preparation and presentation of their case rather focusing on cutting a deal. A well prepared case often leads to good plea offers (or dismissal) from the government. If such an offer is not received, thorough case preparation means we are ready for trial. If you want an aggressive trial lawyer that is dedicated to relentlessly defending your freedom, look no further. We firmly believe we are your "Best Shot." If we can be of service, call 208-415-0777 day or night.
15. Twin Falls-Hutchinson & Brown: DWIs and DUIs have tremendous stigma attached to them and can haunt an individual for a lifetime. A conviction can affect, not only such obvious things as insurance rates, payment of substantial fines and loss of driving privileges; but, depending on a person's occupation, can affect their very livelihood. When a person is charged with such an offense, they require the best defense possible to ensure the traffic stop was proper, that the taking of evidence was untainted and that the procedures followed subsequent to the arrest were constitutional.
16. Unknown
    1. Christian, Ron: Too many lawyers in family and criminal law make things worse by unnecesarily inflaming their client's already difficult emotions just to make money.