Brought to you by Colorado DUI Drunk Driving Defense

Boise DUI Lawyers

1. Deaton, Jake: What is an Aggressive DUI Defense? An aggressive DUI defense leaves no stone unturned. DUI cases are complex. A DUI arrest produces an audio/video recording, numerous police reports, breath tests, copies of advisory forms, and copies of logs, calibration records and officer certification records. Each of theses documents or recordings are important because they are part of required procedures a police officer must follow in order for evidence from your DUI arrest to be admissible in court. A thorough review of these documents can uncover potential legal defense that can lead to a dismissal. Even if grounds for a dismissal are not found, many times a thorough review can lead to discovery of information that can lead to a reduced charged, often a non-DUI misdemeanor. It is often incredible the errors and contradictions these documents contain. An aggressive DUI defense means a lawyer handles every aspect of your case. DUI charges can threaten your job, your marriage, your education and your freedom. Mounting an aggressive DUI defense requires that an aggressive attorney handle every aspect of your case. From reviewing the discovery to preparing court filings, a DUI-focused attorney shouldnÕt just be Òinvolved,Ó your attorney should be the center of the action, making certain that you receive the best defense possible. An aggressive DUI defense educates your about your case A DUI case involves some tough decisions. The only person who can make those decisions is you. As part of your defense, you need a defense attorney who will explain the process to you, explain the prosecutorÕs strategy and educate you about the strengths and weaknesses of your case. At the end of your case, you shouldnÕt have any questions about what happened to you and why. You are the decision-maker; your attorney is your guide and advocate. An aggressive DUI attorney is a trial attorney Do not fear taking your case to a jury. AmericaÕs jury system is designed to put the governmentÕs case to the test. An aggressive DUI defense prepares for the possibility of jury trial from the beginning of your case. Preparing for trial from day one is the best way to put the prosecutor on his heels and achieve the best result possible.
2. Silva Law Office: DUI / DWI / Drunk Driving Reckless Driving Driving on Suspended License Speeding Evading the Police Juvenile Crime Shoplifting Domestic Battery
3. Sallaz & Gatewood: Any alleged probation violation puts you at risk of serving whatever sentence was imposed and suspended in your criminal case. Dealing with an alleged probation violation is therefore similar to defense of a new criminal charge, insofar as the goal is to keep you out of jail, but there are many important differences. Unlike new criminal charges, probation violations do not need to be proved beyond reasonable doubt. There is no right to a jury. Basically, itÕs your word against the probation officerÕs as to whether the violation took place, and in most cases, the judge will follow the probation officerÕs advice as to what to do with you. After all, the judge knows the probation office and knows you, if at all, only through your previous criminal case.
4. Miller & Harr: DUI field sobriety tests often have the dual effect of striking both confusion and terror in people pulled over on the suspicion of drunk driving. The fact is DUI field sobriety tests are often unreliable and their results can often be successfully questioned. How? Police officers aren't always trained to administer the preliminary tests like ones that require you to touch your nose, stand on one leg or walk in a straight line, or the horizontal gaze nystagmus test. Breath, blood and urine tests can often be questioned on the basis that test machines were not maintained or calibrated properly, that police officers were not certified to use them, and that blood and urine samples were not handled properly once collected. Police officers "grade" suspected drunk drivers on a one-to-six scale, but findings and grading can be arbitrary and unfair. If you have been pulled over for suspected drunk driving or for suspicion of driving while under the influence of drugs, determine a course of action, and, if advisable, investigate your case and argue for your rights base on: A review of the state's evidence, including police records, police statements, and police arrest histories and patterns Tape-recorded evidence Witness statements and other sources of information Information obtained by our investigators
5. Cox Law: Any DUI arrest is likely to create two sets of legal problems for you Ñ the risk of conviction on a criminal charge and the likelihood that you'll lose your right to drive in an administrative license suspension hearing. These are separate proceedings, and each requires attention in order to protect your interests.
6. Angstman Johnson: all Idaho felony and misdemeanor crimes including drunk driving/DUI; traffic violations; and drivers' license suspensions
7. Kershisnik Law: The penalty you receive for a driving under the influence charge will depend on many factors, including how many other drunk driving charges you have. Idaho Code 18-8005 outlines the penalties for drunk driving. In general for your first time offense (within a 10 year period) you could receive the following penalty: A misdemeanor charge Up to 6 months in jail Up to a $1000 fine Driving privileges suspended for a mandatory 30 days but up to as many as 150 at the discretion of the court For your second drunk driving offense (in 10 years) the penalty is: A misdemeanor charge Up to 1 year in jail Up to a $2000 fine Mandatory license suspension for 1 year Functioning Ignition Interlock Device For a third charge of driving under the influence (in 10 years) the penalty is: A felony charge Up to 10 years in prison Up to a $5000 fine Driving privileges suspended for up to 5 years (after your release from prison) A Functioning Ignition Interlock Device If these penalties aren't scary enough, there are all sorts of mitigating circumstances, administrative rules and time lines and court dates and deadlines that must be followed or you risk losing your rights and potentially your freedom. If you have been charged with driving under the influence you need and experienced Idaho DUI attorney to help you get through all the required steps. You need an experienced Idaho DUI attorney who knows the law, who knows the prosecutors, who knows the judges, who knows how to get you the best outcome. Another frightening thing about an Idaho DUI is that it can lead to a DWP. When you have your licenses suspended you cannot drive unless you have a restricted licenses. You can only get a restricted license after the first 30 days for on your first offense but you can't get it automatically. You need an experienced Idaho DUI lawyer who will show you how not to get a DWP. In addition, important rules apply to those with commerical drivers licenses, so don't get caught without a valid license - don't end up with a DWP.
8. Riggins Law: DUI / DWI / Driving Under the Influence Drug crimes, including Possession, Trafficking or Manufacturing Theft, Fraud, Embezzlement Assault and Battery Property Crimes APPEALS
9. Manweiler, Breen, Ball & Hancock: felony and misdemeanor cases involving complex drug conspiracies, violent offenses and theft related crimes
10. Leroy, David: A criminally accused client must be totally candid and share a responsive and trusting relationship with their lawyer.
11. Nevin, Benjamin, McKay & Bartlett : Criminal Defense
12. Dominick Law Offices: Please do not wait until a the time scheduled for a preliminary hearing, blood alcohol content (BAC) hearing, or other proceeding has occurred before hiring a private criminal defense attorney.
13. 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.
14. Minert & VanOrmer: DUI Have you been arrested for drunk driving? Do not take your DUI charges lightly. The state of Idaho aggressively prosecutes individuals charged with drunk driving. Potential penalties for a first-time DUI include jail time, hefty fines, probation, a lengthy driver's license suspension, and hundreds of dollars in extra automobile insurance premiums. The best way to defend your record, rights and license is to retain an experienced criminal defense attorney.
15. Quick, Brenda: Adoptions Assault Child Custody Child Protection Child Support Collaborative Divorce Collaborative Family Law Conservatorship Criminal Law Divorce and Dissolution Domestic Partnership Domestic Violence Driving While Intoxicated Drug Crimes DWIDUI Establishment of Child Support Estate Planning Expungements Family Law Fathers Rights General Durable Power of Attorney Guardianship Healthcare Power of Attorney Legal Separation Living Wills Misdemeanor Criminal Defense Modification Parole and Probation Paternity Petit Theft PostDecree Modification Protection Order Traffic Violations Wills and Probate
16. Berglund Law: The law on underage DUI is very strict. If you are under age 21 and register a blood alcohol content (BAC) of between .02 and .08, you may lose your driver's license and be subject to fines and probation. If you face a second or subsequent conviction for underage DUI, the penalties are enhanced. If you are under 21 and have a BAC above .08 you face the same penalties of a standard DUI and you could have your driver's license suspended for a year or until you are age 21, whichever is greater.
17. 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.
18. Dredge Miller Koontz: 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.
19. 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.
20. Barker Law Office: You should consult an attorney for individual advice regarding your own situation.
21. 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.
22. 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.

23. 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.
24. 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.
25. 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.
26. 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).
27. 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.
28. 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.
29. Todd, John: CRIMINAL LAW ¥ Firearms Possession Prohibitions ¥ DUI ¥ Misdeameanors ¥ Felonies ¥ Court-Martials ¥ Clemency Petitions ¥ Appeals ¥ Suspension Hearings
30. 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.