The best way to avoid a DUI in Boise, Idaho or elsewhere is to not drink and drive. If you are with a group, designate a sober driver, take a taxi, or make arrangements before you go out drinking to have someone drive you home.

How can the Idaho police spot a DUI driver?

• Wide turns
• Crossing lines
• Weaving or swerving
• Stopping without cause
• Driving very fast or slow
• Slow response to traffic signals
• Speeding
• An accident
• Call from another driver

The more of these signs the driver displays, the greater the chance that the driver is under the influence of alcohol and/or other drugs.

Idaho Penalties for Standard Non-Excessive DUI

The FIRST DUI In Idaho

• Misdemeanor violation
• Jail: up to 6 months
• Fines: up to $1,000
• License suspension: 90 to 180 days

The SECOND DUI within 10 Years in Idaho

• Misdemeanor violation
• Jail: 10 days mandatory, up to 1 year
• Fines: up to $2,000
• License suspension: 1 year mandatory after release from confinement with no driving privileges of any kind
• Ignition interlock mandatory

The THIRD DUI within 10 Years in Idaho

• Felony violation
• Jail: 30 days mandatory, up to 5 years
• Fines: up to $5,000
• License suspension: Up to 5 years, 1 year mandatory after release from confinement with no driving privileges of any kind
• Ignition interlock mandatory

Enhanced Penalties for BAC Levels of 0.20% or Greater in Idaho

First Offense Excessive DUI in Idaho

• Misdemeanor violation
• Jail: 10 days mandatory, up to 1 year
• Fines: up to $2,000
• License suspension: 1 year mandatory after release from confinement with no driving privileges of any kind

Second Offense Excessive DUI in Idaho within 5 Years

• Felony violation
• Jail: mandatory 30 days in the county jail, or up to 5 years in the state penitentiary
• Fines: up to $5,000
• License suspension: up to 5 years, 1 year mandatory after release from confinement with no driving privileges of any kind
• Ignition interlock mandatory

Aggravated DUI and Third Offense Excessive DUI in Idaho 

It is a felony to cause serious injury to another person while driving under the influence. Jail time, fines and driving suspension are enhanced. Enhanced Penalties for BAC Levels of 0.20% or Greater (Idaho Code 18-8005).  As a weapon against the dangers of repeat drunk drivers Idaho requires the installation of a Breath Alcohol Ignition Interlock Device (BAIID) on any vehicle a repeat DUI offender drives. This device requires a breath sample and if alcohol is detected the car will not start.

Idaho’s Repeat DUI Offender Law (Idaho Code 18-8008)

Idaho law enforcement officers are trained to detect a person driving under the influence (DUI). Each year, over 10,000 drivers are arrested in Idaho for DUI. If you drive under the influence, the chances are you will be arrested. If the police officer has cause to believe that you are driving under the influence, you will be asked to take a BAC test. Under Idaho law, if you refuse, your driver’s license will be taken away and your driving privileges will be suspended for 1 year along with a $250 civil penalty. If the officer suspects you are using drugs, he can request an additional test to determine drug use.
As public attitudes have changed, the percentage of alcohol-related collisions has decreased. But, impaired driving still takes far too great a human and economic toll. Over 39% of Idaho’s fatal collisions are caused by people driving under the influence of alcohol and/or other drugs. In Idaho, it is illegal to drive under the influence of drugs or with a breath alcohol concentration (BAC) of 0.08% or more, and 0.02% or greater if you are under 21. It is also illegal to operate a commercial vehicle with a BAC level of 0.04% or more.

If you have been charged with a DUI in Idaho, contact Jared Martens with Martens Law Office in Boise, Idaho at (208) 344-0994 at your earliest convenience.  As you can see, DUI in Idaho is taken seriously by the Idaho Police and the Idaho Court system.  For more information on a Boise Nampa or Caldwell DUI go to Martens Law Office General DUI Page.

The Idaho law provides that it is an infraction to text while driving.  This means, that the penalties involved will be limited to a fine only in the amount of $85.00.  However, if you are in an accident due to texting while driving, do not count on or expect Idaho law enforcement to simply cite you for an infraction for texting while driving.  In all likelihood, the Idaho Law Enforcement Officer will charge you with a misdemeanor inattentive driving ticket, or if the officer is feeling particularly cranky, a misdemeanor reckless driving charge.

The true significance of the law is that it gives Idaho Police Officers one more reason to pull you over.  In the past an officer could see you texting, but without something more, such as a bad driving pattern, they could not pull you over for simply texting.  Now they can.  Idaho law enforcement will likely use the new law to target driver’s for Driving Under the Influence of Alcohol.  I would not expect to see a lot of tickets issued for texting while driving during daylight hours.  However, I do expect that Idaho Law Enforcement, expecially the Boise City Police  DUI and Drug Task Force to pull people over for texting while driving late at night and into the early morning hours.

If the police make an arrest for a DUI, they will then search the vehicle in hopes of finding marijuana, paraphernalia or open containers and evidence of other crimes.  Drivers should exercise extreme caution to avoid texting while driving. The law does provide an exception in allowing for hands free devices.  In other words, if you can talk to your iphone in developing a text, rather than typing you should not be pulled over for texting while driving.

If you have been pulled over for texting while driving and received a DUI, DWP, Possession of Marijuana or Paraphernalia or Open Container Contact Martens Law Office, P.C. at (208) 344-0994 or (800) 915-6448.  

Young men convicted under an older definition of statutory rape would get a chance to clear their names from the sex offender registry under a bill that has passed the House.

In March 2012, House lawmakers voted 64-1 to approve the legislation, which applies to young men who were convicted of statutory rape before 2010.

The measure has passed the Senate and awaits Gov. C.L. “Butch” Otter’s signature.

In 2010, the Legislature cleared statutory rape charges in cases of consensual sex when a man is within three years in age of his 16 or 17-year-old partner. Previously no girl under 18 could legally give consent.

Ketchum Rep. Wendy Jacquet endorsed the plan, saying it gives judges discretion to expunge offenders’ names from the registry who wouldn’t be guilty under the updated law.

Justice will be served if Governor Otter signs the bill, which I expect that he will.  Prior to 2010 I defended numerous individuals charged with statutory rape for for having sex with their 17 year old girlfriend after the young man turned 18.  The Idaho sex registration requirements literally ruin these young men’s lives.  On more than one occasion I had the opportunity of having a married couple meet with me in my office concerning the husband’s desire to be freed from the requirement to register as a sex offender in Idaho.  On a few occasions, the wife was the “alleged” victim of the statutory rape back when the couple were dating in high school.  At this point, these people have been married for years, have children together and for all intents and purposes are good people.  Most of these cases involved parents finding out that the boyfriend and girlfriend were having sex and reporting it to the authorities.  Right or wrong, parents have knee jerk reactions to their daughter having sex.  Unfortunately it has ruined both the lives of the men accused and the daughter’s the parents were attempting to protect.

Its good to see that there are a few Idaho legislators with some common sense in moving this bill forward.  Its more than I can say for numerous Idaho prosecutors who will likely object to any motion filed to afford these individuals relief from a past injustice.   Allowing the judge “discretion” to expunge offenders falling within this catagory of offender is a mistake.  The bill should give the Idaho judiciary and county prosecutors no discretion in granting relief.  As it stands, offenders will need to hire counsel to assist them in becoming removed from the Idaho Sexual Offender Registry.

Three memos from the Idaho State Police, which were sent to over 800 attorneys, brought to light alleged non-compliant actions of forensic lab workers. According to the documents, three lab workers were involved in hiding an unknown amount of controlled narcotics and drug evidence. While the allegations are not criminal in nature, they do constitute a violation of policy and standard procedure for an Idaho State Police crime lab. In addition, one forensic lab worker was accused of ordering an unauthorized amount of GHB and hiding it in an evidence vault. Among its other functions, GHB is known to be used by teens at raves and can also be a date rape drug.

The Idaho State Police placed the workers on administrative leave, and two of those workers have now left their jobs at the lab. Subsequent to the internal investigation of the forensic scientists, the Idaho public defender’s office sent a memo notifying attorneys who tried drug cases that included evidence analyzed in the lab between January 2003 and June 2011 of the improper procedures used.

Now defense attorneys are trying to determine how these problems in the forensics lab may have affected their clients. For example, if the forensic scientists alleged of misconduct testified on behalf of the prosecution in a drug case, and the improper actions of the forensic scientists would have made a jury question the credibility of the witness and the evidence, then the guilty conviction of the defendant could be overturned.

If you have been accused of a drug crime, or have previously been convicted of drug possession or drug trafficking, you should contact an experienced criminal defense attorney to discuss your case.  If you have been wrongly accused by the Boise City Police, the Ada County Sheriff, the Idaho State Police, the Idaho Fish and Game or any other law enforcement agency, you need the best Criminal Defense Attorney in Idaho on your side.  It would be in your best interest to retain representation immediately.  Contact Martens Law Office, P.C. at (208) 344-0994 for a free initial consultation.

To Whom It May Concern,

I have had the opportunity to work with Jared as his client just over 3 years ago wherein he did an exemplary job of handling my case with Ada County.  He was very organized and efficient at making sure I was properly represented.  I am very grateful for his hard work and would recommend him to any of my family or friends who need a great defense attorney.

Jared and I have since developed a business relationship and he has become my client for the past two and half years.  My company handles electronic payments for Jared and several other attorneys here in Idaho.  All of them know who Jared Martens is and acknowledge him as one of the best defense attorneys in the state.  It is pretty impressive to have your work speak such volumes among your peers in the legal field.

Jared has also become a friend in the time we have been working together.  He brings a level of experience and credibility to the legal field that many cannot provide.

Sincerely,

LC

I have known Jared for approximately 17 years.  Jared is both a trusted colleague as well as a very good friend.  He and I attended college together at Boise State University, went to law school at the University of Denver together, and we have practice law from across the aisle for the past decade.  I have watched Jared grow as a human being as well as a legal practitioner.  Jared’s heart is with the law, and to see that the law is applied justly.

The first moment I met Jared; I knew he was a very prodigious individual.  His enthusiasm for life and his dedication to the law were contagious.  His work ethic and passion for justice are unquestioned.  Jared always displayed compassion for individuals to assure that their case was handled properly.   Further, Jared has always been a competent and trustworthy individual.  He is a man of his word and can be trusted with a handshake alone which is necessary for someone on the bench.

Jared’s legal acumen is extremely diverse.  Jared started his career as a public defender in the city of Nampa where he and I tried cases against one another.  He was always well prepared, understood the law, and provided his clients the best representation available.  After working as a public defender, Jared opened up his own private practice.  Through his practice he has accumulated a very diverse background by continuing to master criminal law, but also building a civil law practice.  Jared has handled hundreds of divorce cases, evictions, personal injury, and a plethora of other types of cases.  Being well versed in multiple facets of the law is extremely desirable.

One thing that I have known from interacting with Jared is that he is not afraid to express his ideas and is able to work outside the box and provide creative and insightful solutions and theories.  He assess facts without pre-determination, identifies what the appropriate legal remedy is, and pursues the case in the best interest of his client.  This is an invaluable trait that is very hard to find in people in today’s society.

Best Regards,

BFT

Prosecuting Attorney

Over the past few years Jared Martens has become an immense part of my life.  Not only has he helped me become the man I am today, he has also become a trusted confidant and advisor.  Starting as only my lawyer, he has since become a guide to building my better future.  During my troubled youth, Jared Martens illustrated the harm that my negative attitude and actions were doing to me—that I needed to own up to my mistakes, yet they did not have to be a part of my life forever.  He helped me see the bigger picture.

Without the help of Mr. Martens, I would not be in the position I am, being able to employ fellow citizens of Idaho and become a productive member of society, and therefore being able to provide for my family. He encouraged me to have the initiative to make something worthwhile of the life that was given to me, and I can happily say that I have since transformed into a thriving business owner, and more importantly, father.

I hold Jared Martens in the highest regards.

Skyler Newby