Idaho Drunk Driving Defense Attorneys
- Boise
- Bublitz Law:
When you are in trouble with the law, you need someone on your side that gets it. You need a lawyer who has been in the trenches and won.
- Miller & Fisher:
Too many people are afraid of their lawyers. Afraid they'll be ignored, afraid they'll be overcharged É but mostly they're afraid they won't be treated with respect. It shouldn't have to be that way.
- Carr, DC:
When a police officer pulls you over for drunk driving, that officer wants to charge you. Pressure is placed on that officer by the powers that be, which is being pressured by special interest groups that want to see people arrested for DUI/DWI. Field sobriety tests, such as the horizontal gaze nystagmus test, the one-leg stand, walking a line, counting backward, and other tests, are among the tools the officer will use to prove that you were driving under the influence of alcohol or drugs.
Upon being pulled over for drunk driving, a person may refuse to take a breath test. However, blood tests may not be refused. A police officer can arrest you and give you a blood alcohol level test whether you consent to it or not.
- Barker Law Office:
You should consult an attorney for individual advice regarding your own situation.
- Peterson, Chuck:
Miranda Alive And Well In Idaho
The Idaho Court of Appeals has ruled that a police officer must give Miranda warnings to the driver of a car after finding drugs in the car, when he has been sufficiently treated like he is in custody, and not simply the subject of a traffic stop. In State v. James, a divided Court held that the appellant was entitled to have been warned under the circumstances presented. James had been stopped late at night, his car searched (with his consent), and he and his passengers had been removed from the car and frisked. Officers under such circumstances who ask the magic Òwho owns the dopeÓ question must first advise the detainees that they have the right to remain silent, per Miranda.
James is not an earth shattering decision, although it is seemingly inconsistent with the United States Supreme Court decision in Berkemer v. McCarty, 468 U.S. 420 (1984), and the CourtÕs earlier decision in State v. Medrano, 123 Idaho 114, 844 P.2d 1364 (Ct. App. 1992). In those cases the decisions involved more routine traffic stops. The test of whether a person is Òin custodyÓ is still objective - Òhow would a reasonable man in the defendantÕs circumstances have understood his situation?Ó With the usual traffic stop falling far short of Òdetention,Ó defendants have typically not received the protection of Miranda. In Idaho, a traffic stop Ð involving a brief stop and questioning by the officer Ð without such warnings, has not been the basis for suppression. The Court here distinguished the facts, finding it looked more like an arrest than a traffic stop. In particular, the deputy threatened to arrest everyone unless someone admitted possession of the drugs. The driver got the message Ð he confessed to save his friends from arrest. Judge Perry (dissenting) did not agree that the circumstances added up restraint that was akin to a formal arrest under the totality of the circumstances. In particular, he did not think the officer's threat to arrest everyone in the car was enough to elevate the investigative detention into custody.
So what do we take away from this decision? Miranda warnings are required when the circumstances would cause a person to believe he or she is under arrest, particularly when an officer is treating the situation like an arrest. If you have been taken out of the car, separated from other passengers, frisked, had the dogs called in to search your vehicle and the cops are telling you somebody is going to jail, you probably get that all too famous warning: Òyou have the right to remain silentÉ.Ó Now, will you remain silent? All too often persons stopped by the police give them all they need to produce a later conviction. Not every stop will result in Miranda warnings, but this case gives greater clarity as to the circumstances that may lead there. But what about the typical DUI traffic stop and questioning by the officer? "Have you been drinking?" In custody or not? Likely not if it is the usual sort of case, but James may give us a better argument that statements thereafter are subject to suppression.
- Griffard Law Offices:
If a party is charged with driving under the influence of alcohol
(DUI), driving while intoxicated (DWI) or operating under the influence
(OUI), there are numerous defenses he can raise prior to trial by way
of a motion to suppress evidence or to dismiss the charges or during
trial.
Defendant denies operating vehicle
The defendant can deny that he was operating the vehicle. The
prosecutor is required to prove not only that defendant was
intoxicated, but that he was also operating the vehicle.
Probable cause
The defendant can argue that the officer lacked probable cause to
stop the vehicle. Further, the defendant may argue that the officer
lacked probable cause to detain and arrest him. Miranda and implied consent warnings
After the officer arrests the defendant for DUI, any statements that
the defendant may make after being taken into custody may be suppressed
if the officer failed to give him Miranda warnings.
If the officer failed to advise the defendant of the implied consent
warnings and the consequences of refusing to take a breath test, the
breath test results may be suppressed.
Field sobriety tests
Results of field sobriety tests conducted by the officer may be
suppressed. The defendant may argue that the officer was biased in his
subjective conclusion that the defendant was intoxicated after
administering the field sobriety tests. The defendant may also cite a
physical condition that precluded him from performing the tests
properly.
Blood-alcohol concentration test
This test is most often conducted at the scene of the arrest. The
defendant is required to blow into a device which measures the amount
of alcohol in the defendant's system. The defendant may argue that the
test was defective or improperly conducted. The defendant may also
argue that medication that he was taking affected the test results or
that the test results were skewed because he had just had a drink.
Other chemical tests
The defendant may be required to submit to a blood or urine test
after his arrest. The defendant may argue that either of the tests was
not properly performed, biased, or inaccurate. The prosecution will be
required to prove that the tests were accurate and not defective at the
time that they were administered.
- Fields, Shannon:
Have you been charged with a crime or are you under investigation for a crime?
When you're facing criminal charges, you can't afford to take chances with your defense. With so much at stake - your job, your reputation, your freedom - you need a criminal defense attorney who will not only listen to you, but fight for you.
- John Meienhofer:
CONFESSIONSÊand MIRANDA WARNINGS
The Fifth Amendment of the United States Constitution requires that no person shall be compelled in any criminal case to be a witness against himself. The self-incrimination privilege of the Fifth Amendment means that a person cannot be compelled to give a testimonial communication to a police officer.
Ê
RESISTING ARREST
A person commits the offense of resisting arrest when he or she intentionally prevents or obstructs a peace officer from effecting an arrest, a search, or a transportation of him or her or another person by using force against the peace officer.
- Martens Law Office:
Criminal law is the body of law that relates to so-called "public
wrongs." Criminal law does not concern itself with disputes between
individuals, but relates to offenses against the public order. The
federal government, along with cities and states, define and prosecute
people who commit crimes that range from minor traffic violations, to
serious, violent offenses, like rape or murder. People who are charged
with a crime are called defendants, and they are represented by
criminal defense attorneys. The governmental body that pursues the
charges against the defendant is represented by a lawyer called a
prosecutor. If you find yourself charged with a crime, you need the
legal counsel of an experienced criminal defense attorney, to protect
your rights now, and in the future.
- Robert Wallace:
In order to win a case, you have to prove it by meeting certain
requirements or "standards." In a criminal case, the prosecution
must prove guilt "beyond a reasonable doubt." This is the most
stringent standard because the consequences of a conviction can result
in deprivation of liberty (jail).
- John Meienhofer:
While some states have ruled that DUI checkpoints are illegal under
their state constitutions, the majority of states and the U.S. Supreme
Court have ruled that brief seizures at DUI sobriety checkpoints are
legal when conducted in a particular manner. In 1990, the Court upheld
a state's use of highway sobriety checkpoints as consistent with the
Fourth Amendment in Michigan Department of State Police v. Sitz, where:
1. The checkpoints are selected pursuant to guidelines; and 2.
Uniformed officers briefly stop every vehicle.
- Harrigfeld Law Offices:
Everyone makes mistakes, both individuals and law enforcement. A
criminal charge doesn't have to affect your future; the consitution was
drafted to protect you.
- Todd, John:
CRIMINAL LAW
¥ Firearms Possession Prohibitions
¥ DUI
¥ Misdeameanors
¥ Felonies
¥ Court-Martials
¥ Clemency Petitions
¥ Appeals
¥ Suspension Hearings
- George
Patterson:
Effective January 1, 1998, pursuant to Idaho Code 18-8002A, any individual who
has a .08 or higher BAC result on the breathalyzer may receive a notice of
suspension and have his or her driver's license seized on the spot by the
arresting officer or entity.
If this has happened to you, you must request an administrative hearing from
the Department of Transportation within 7 days.
An administrative hearing must be requested in writing and must be faxed,
mailed or hand delivered to the Idaho Transportation Department. The written
request for hearing must include the issue(s) to be raised at the hearing.
Failure to request a hearing within 7 days will result in an automatic and
absolute suspension of your driving privileges for a minimum of 30 days and
restricted privileges for a minimum of 60 days, whether or not you plead or are
found guilty of DUI. If this is your second time within a 5 year period your
license will be suspended for 1 year and you will not be eligible for
restricted privileges during that time.
Refusing to provide a breath test when requested will also result in automatic
suspension of driving privileges for a minimum of 180 days absolute unless a
BAC hearing is requested within 7 days. If this is a second refusal within a 5
year period, you face a 1 year absolute suspension.
The implementation of 18-8002A has raised the stakes significantly for anyone
charged with DUI. Loss of license can occur even if there is ultimately no DUI
conviction. If you have any questions regarding your rights or potential
penalties, I urge you to seek legal advice immediately to ensure that your
rights are protected.
- Caldwell
- 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.
- Coeur d'Alene-Waite, Kevin:
An arrest for DUI can seriously affect your life, your lifestyle, and your career. A first-time conviction can result in a large fine, the loss of your driver license, and even a jail sentence. Penalties for a second, third, or fourth-time offense are more severe.
If you have been arrested for DUI/DWI, you need the advice of an experienced and knowledgeable defense attorney.
- Coeur d'Alene-Watson Law Office:
You have the right to remain silent - Exercise that right ...
Anti-drunk-driving advertising campaigns have aimed to raise awareness of the legal situation and the dangers of driving while intoxicated. Drunk-driving is responsible for a large number of deaths, injuries, damage and accidents every year. In most international jurisdictions, anyone who is convicted of injuring or killing someone while under the influence of alcohol or drugs can be heavily fined, as in France,[6] in addition to being given a lengthy prison sentence.
The specific criminal offense may be called, depending on the jurisdiction, driving while intoxicated (DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence [of alcohol or other drugs] (DUI), driving under the combined influence of alcohol and/or other drugs, driving under the influence per se or drunk in charge [of a vehicle]. Such laws may also apply to boating (as in Canada[7]), piloting aircraft, and even bicycling in some states such as California.
Historically, guilt was established by observed driving symptoms, such as weaving; administering field sobriety tests, such as a walking a straight line heel-to-toe or standing on one leg for 30 seconds; and the arresting officer's subjective opinion of impairment. Starting with the introduction in Norway in 1936 of the worldÕs first per se law which made it an offense to drive with more than a specified amount of alcohol in the body, objective chemical tests have gradually supplemented the earlier purely judgmental ones. Limits for chemical tests are specific for blood alcohol concentration or concentration of alcohol in breath.
With the advent of a scientific test for blood alcohol content (BAC), enforcement regimes moved to pinning culpability for the offense to strict liability based on driving while having more than a prescribed amount of blood alcohol, although this does not preclude the simutaneous existance of the older subjective tests. BAC is most conveniently measured as a simple percent of alcohol in the blood by weight. It does not depend on any units of measurement. In Europe it is usually expressed as milligrams of alcohol per 100 millilitres of blood. However, 100 milliliters of blood weighs essentially the same as 100 milliliters of water, which weighs precisely 100 grams. Thus, for all practical purposes, this is the same as the simple dimensionless BAC measured as a percent. Since 2002 it has been illegal in all 50 US states to drive with a BAC that is 0.08% or higher.
The validity of the testing equipment/methods and mathematical relationships for the measurement of breath and blood alcohol have been criticized. (Taylor 2007)
Driving while consuming alcohol may be illegal within a jurisdiction. In some it is illegal for an open container of an alcoholic beverage to be in the passenger compartment of a motor vehicle or in some specific area of that compartment.
- Coeur d'Alene-Palmer/George:
Defending against DUI charges is an important job that can have serious
consequences on you and your life. Once the accused is in custody, he
is entitled to be given his Miranda rights. However the officer is not
required to give the accused his Miranda warnings at the time of
arrest. As long as the accused receives his Miranda warnings prior to a
police interrogation, the warnings are sufficient. If a police
interrogation is conducted and no Miranda warnings are given to the
accused as required, any statements that he may have said to officers
cannot be used against him. The accused can elect not to speak to
officers and request an attorney. If the accused is unable to afford an
attorney, one may be appointed after a judge has determined that the
accused is indigent and unable to afford an attorney. The accused is
not required to say any magic words to the officers if he chooses not
to speak. The accused could just sit there during the interrogation and
say nothing at all to the officers.
- Coeur d'Alene-Kevin J. Waite:
When you are arrested for drunk driving (DUI), you must move quickly to schedule a hearing to challenge the suspension of your driverâs license. It is critical that you seek the assistance of an experienced criminal defense lawyer as soon as possible.
- Eagle-Charney & Deaton:
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.
- Idaho Falls-Stafford, Jeromy:
If you are charged with a DUI you must act quickly to try and save your driver's license. Whether you blow a .08 or higher or if you refuse to blow, your driver's license will be automatically suspended unless you request a hearing within seven (7) days. So you need to get an attorney on your case immediately because living in Idaho makes having a driver's license a necessity!
- Idaho Falls-Cutler Law Office:
DUI ÐDriving Under the Influence
DWP-Driving without privileges
DUI and DWP are two of the more common traffic offenses, but their
consequences are anything but common. Serious consequences
including loss of driving privileges, probation, and jail can affect
everything from insurance rates to your ability to make a living.
While some of the penalties are mandated by law, a skilled attorney can
mitigate their effect and help prove your innocence. An
experienced attorney can make all the difference in a difficult case.
Why should I hire a criminal defense lawyer?
Minimize
1. The Prosecutor may be an upstanding man of integrity, BUT if you have been charged with a crime THE PROSECUTOR IS NOT YOUR FRIEND!!! The Prosecutor does not represent you in Court and is not there to present your side of the story or make argument\recommendations that you want the Court to hear. THE STATE HAS AN ATTORNEY, YOU SHOULD TOO!!!
2. IF YOU ARE INNOCENT, you need an experienced Criminal Defense Lawyer to assist you in proving your case. The Rules of Evidence and Trial Procedure are complex and if you handle your own case you may not be able to present the evidence necessary to show your innocence. Innocent people are sometimes convicted if they do not have good legal assistance. See The Innocent Project Webpage at http://www.innocenceproject.org/case/
3. IF YOU ARE GUILTY, you need an attorney:
a) To make sure that the State has the evidence to prove you are guilty. And to make sure that the State obtained their evidence without violating your Constitutional Rights. If the State did violate your Constitutional Rights a good Criminal Defense Lawyer can request that evidence seized unlawfully be thrown out and not used by the State against you;
b) To make sure that the State has not over charged you. It is not uncommon for Law Enforcement Officers or Prosecutors to charge an individual with a crime that is the most severe crime that they think they can prove, and not the crime that most likely fits what you have done. A good Criminal Defense Lawyer will make sure you are not over charged. This may include getting felonies reduced to misdemeanors etc.;
c) If the State has the evidence and has not over charged you a good Criminal Defense Attorney can help negotiate a fair Plea Agreement and represent you and present your case at Sentencing before the Judge. Remember the Prosecutor does not present your case at Sentencing and is not your friend. See #1;
YOU HAVE IMPORTANT RIGHTS; DONÕT LOSE THEM BECAUSE YOU DONÕT HAVE AN ATTORNEY TO ASSIST YOU. CRIMINAL PUNISHMENT HAS SEVERE CONSEQUENCES TO YOU RIGHT NOW AND IN THE FUTURE.
REMEMBER THE STATE HAS AN ATTORNEY. DONÕT GO IT ALONE.
SEE #1, ABOVE
- Idaho Falls-Wixom, Rocky:
If your loved one has been charged with a crime he or she has a right to post bail. Bail is the Constitutional right to post a sum of money with the Court in exchange for immediate release from jail with a promise by the defendant to appear and attend all Court hearings.
Some of the factors used to determine an appropriate bail amount include the person's prior criminal record (if any), their length of residence in the community, family or business ties to the community, employment history, the seriousness of the charge, and the defendant's financial ability to post bail.
If the court imposes a cash bond then the entire amount of bail must be paid in cash, if it is a surety bond, a bond agency can be used to help. A bond agency will typically require a bonding fee, usually around 10%, and in turn post the full amount of bond with the court.
For example: if your bond is set at $10,000 you may be able to hire a bondsman who would charge you $1,000 and in turn they would post the bond with the court.
There may also be other options to bond which include making a request with the Court for a reduced bond.
You may also request a relase to pre-trial services or placement on work release in lieu of having to pay any bond fees. This is usually done with the help of an attorney.
- Idaho Falls-Thomsen & Stevens:
Why do I need an attorney?
Much of what we do these days is regulated by law. The law is frequently complex and subject to change. An attorney's experience, knowledge, and expertise are therefore invaluable not only in dealing with legal matters you may be facing, but also in explaining and interpreting the law as it pertains to your circumstances. The attorney's guidance may be helpful in avoiding legal problems and litigation. In addition, an experienced attorney is familiar with the legal process (courtroom procedures, filing requirements, deadlines, etc.) and can help you work through the process should that become necessary. When you hire an attorney, all of the resources and staff of the attorney are available to protect your interests. The attorney is there to represent your best interests by researching and analyzing all of the available information and law relating to your situation and will attempt to provide you with the opportunity to make an informed decision about the legal issues you may be facing.
- Idaho Falls-Advantage Legal Services:
PRESERVE YOUR RIGHTS
Plead NOT GUILTY and remain silent. Do not talk to the cops or detectives or prosecutor. Get in to a good experienced criminal defense attorney to review your important and valuable constitutional rights.
- Idaho Falls-Hopkins Rodin:
Becoming involved in the criminal justice process as a defendant is seldom pleasant, often baffling and always unfortunate. The consequences can be devastating and long lived. Knowledgable and experienced counsel can assure that the system performs properly and the client's rights are preserved while looking toward a fair and just result which minimizes, to the extent possible, the impact on the client.
- Idaho Falls-Crane, Randall:
As I appear in courts throughout Southern Idaho and Northern Utah I am amazed at the deference that courts give to the word of police officers. Now, granted there are some very honest law enforcement personnel serving our communities. I am very good friends with some of them. However, my experience has been that many of them are jaded. Maybe not to the point as the officers in Philadelphia, but many will say anything and skew the truth in order to convict a person, and just because they are a police officer courts and juries give them more credibility.
- Lewiston-Aherin, Rice & Anegon:
One aspect of choosing the right lawyer or law firm is whether the person you are considering has experience with your type of claim.
- Lewiston-Clark & Feeney:
Traffic violations can have serious criminal consequences, particularly
when a driver is accused of driving under the influence. A conviction
on DUI or DWI charges may result in fines, the revocation or suspension
of your driver's license, and possible jail time. In addition, your
insurance company may increase your rates to an unmanageable level. In
defending against an impaired driving 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 criminal
defense attorney can make all the difference in such a difficult case.
- 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.
- 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.
- 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.
- 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.
- Payette-David Posey:
DUI mean "Driving Under the Influence of alcohol or drugs." In Idaho
(and in most other states) the driving part means that you are driving
or in actual physical control of a motor vehicle. Actual physical
control means you are in the driver's seat with the engine running.
Under the influence means that the alcohol or drugs adversely affects
you ability to drive. As for alcohol, the legislature has determined
that as a matter of law you are under the influence if your blood
alcohol content (BAC) is 0.08% or higher as determined by analysis of
your breath, urine or blood. As for the drugs part, you can be found
guilty of DUI if there is evidence of any (legal or illegal) drug in
your system and it adversely affected your ability to drive.
Should I take the breath or urine test?
The answer is that if you need to drive you should generally (there are exceptions depending on your previous record and whether you think you can pass the test) take the test. Idaho (like most states) has an "Implied Consent Law" that says that if you have an Idaho driver's license or choose to drive on the highways of the state of Idaho you have consented to the taking of a breath, urine or blood test chosen by a law enforcement officer to test for alcohol or drugs if the officer has reasonable cause to believe that you were driving or in actual physical control of a motor vehicle while under the influence of alcohol or drugs. If you refuse to take the test your driving privileges will be suspended for a full six months with no driving for any reason for the full six month period, no exceptions. The only defenses to a refusal involve issues concerning whether the officer had the right (reasonable cause) to ask you to take the test in the first place. To raise these issues you must request a hearing and the request for hearing must be filed with the court within seven calendar days of the day you received the ticket or were arrested or you lose automatically. If you take the test and it shows a blood alcohol content (BAC) of 0.08% or higher you are subjected to another separate suspension by the Idaho Department of Transportation called and Administative License Suspension (ALS). If you have an Idaho driver's license it will be seized and you will be given a temporary permit to drive that is good for 30 days. To fight this suspension you must file a request a hearing with the Idaho Department of Transportation in Boise and they must receive the request within seven calendar days of the day you took the test. The first ALS within a five year period is for 90 days starting 30 days after the test was given and there is nodriving at all for the first 30 days of the suspension. You may apply for a permit for necessary driving for the remaining 60 days. A second ALS within five years results in an absolute (no permit of any kind) for a period of one year. (This is one of the situations that you may want to refuse the breath test in that the suspension for refusal is an absolute suspension for six months but a second ALS within five years is an absolute suspension for a whole year.) Because of these suspensions it is vitally important that you contact an attorney the next business day after you are charged with DUI or you may lose important rights and options.
If you have been charged with DUI, call 642-9339 to set an appointment for a free consultation with David Posey, Attorney at Law.
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What should I do if I am arrested?
If you are arrested you should exercise your constituional rights, including the right to remain silent and your right to an attorney. Do not answer any questions or volunteer any information without first talking to an attorney. The Miranda warnings that were approved by the US Supreme Court say "You have the right to remain silent. Anything you say can be used against you in a court of law." This is absolutely true and the things that you say will be most likely twisted around by the State to make it look like you confessed to a crime. There is almost nothing you can say that can't be taken to mean just the opposite of what you meant. The first thing you should say to the police is that you want to talk to an attorney. The fact that you ask for an attorney is not an indication of guilt and can never be claimed in court to be an admission of guilt. I repeat, if you are arrested immediately ask for an attorney and do not answer any question or volunteer any information.
If you are arrested or charged with a criminal offense, call 642-9339 to set an appointment for a free consultation with David Posey, Attorney at Law.
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Should I talk to the police?
If the police come to you and it becomes apparent that they are investigating a crime and you may be the subject of that investigation, you should not talk to them. Police solve most crimes by getting people to confess to the crime or getting people to make statements that appear to be a confession or can be twisted around to seem like a confession. If the police have a good case against you they won't question you before you are arrested. If they want to talk first, they are looking for a confession or statements from you that will make their case. You have the absolute right to not talk to the police. If you choose to talk to the police, do not lie to them - lying to them is a crime. Police can lie to you and many times will to get you to confess and the law says that is okay, but you can't lie to them.
- Pocatello-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.
- Priest River
- 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.
- 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.
- Unknown
- 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.
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