A DUI or DWI charge in Idaho can lead to a heavy fine, the loss of your driver’s license, higher insurance premiums, and even a jail sentence. If you have been charged with Driving Under the Influence of Drugs or Alcohol (DUI) in Boise, Nampa or Caldwell, you need legal representation from an experienced and aggressive Idaho DUI Lawyer to represent you as you face this very serious criminal charge.
At Martens Law Office, Idaho DUI Attorney Jared B. Martens defends people accused of DUI, DWI and alcohol-related traffic charges. He understands Idaho DUI laws, the potential penalties, and possible alternatives to incarceration. Mr. Martens knows the court system in all of Idaho and how to make a case to the court for reduced penalties. When the State’s case is strong and it is your first offense, it might make sense to negotiate for the best plea agreement possible instead of taking the risk of going to trial, while making it so you can put these legal charges behind you.
Every county in Idaho is unique in how the Judges and Prosecutors view Driving Under the Influence Charges. Our practice is focused in Boise, Nampa and Caldwell, Idaho. Sentencing recommendations and judicial sentencing policies vary from Ada County to Canyon County. We have represented numerous individuals in Elmore, Idaho, Valley, Payette, and Gem Counties, to name a few. Martens Law will travel to any county within the State of Idaho to provide criminal defense against alcohol-related DUI charges you may accused of.
Sometimes a drunk-driving charge can be challenged and successfully overcome. Although highly recommended in a first DUI offense, if the arrest is your second or third offense an aggressive defense strategy including a trial might be your best choice. In these situations, Mr. Martens will carefully analyze all of the relevant details of your arrest and detention to look for legal strategies that may enable the felony DUI to be successfully challenged. It is important that your lawyer knows the nuances and unique attitudes of the individuals in the county where you have found yourself charged with a DUI. If you are charged with a DUI in a county other than Ada or Canyon County, do not hesitate to call Martens Law Office.
Jared Martens, is an experienced Boise DUI Lawyer that will examine all possible ways to challenge the DUI charge, such as the reason for the traffic stop, the purpose for the detention, the conduct of the field tests, and the breath test.
Getting a DUI in Idaho means that you must complete the Idaho Criminal Case Process and defend yourself from allegations leveled against you by a member of law enforcement or the community. Most DUI’s start with an arrest, then an arraignment, a pretrial conference, and may end up in a trial.
Driving Under the Influence (DUI), Driving While Intoxicated (DWI) or other alcohol related cases are serious charges. You will need an Idaho Criminal Defense Lawyer who specializes in alcohol related crimes. Alcohol related crimes are especially damaging to your reputation, ability to find work, and family relationships. According to the Fourth Judicial District Court, the criminal case process starts when “an individual is accused of conduct that has potentially damaged society.” Most DUI cases are prosecuted as a misdemeanor but may have additional circumstances that could rise to the level of a felony. While misdemeanors may bring fines and imprisonment in the county jail, a felony conviction means you could be incarcerated in the state penitentiary, pay larger fines, parole and a devastating entry onto your criminal record.
The Misdemeanor Criminal Case Process
The Felony Criminal Case Process
The costs of a DUI in Idaho are: 1st Offense: $1,000 Maximum Fine, 2nd Offense: $2,000 Maximum Fine, 3rd Offense: $5,000 Maximum Fine. However, court costs, license re-instating your license, attorney’s fees, vehicle interlock systems and alcohol education will likely cost thousands more. The Following scenarios are a good rule of thumb in the State of Idaho.
Cost for First Conviction DUI
Total Estimate: $11,690 – $23,710
Cost for Second Conviction DUI
Total Estimate: $12,690 – $29,710
Cost for Third Conviction DUI
Total Estimate: $21,190 – $90,710
* This document is for reference only and is NOT an estimate for your expected fees and/or attorney’s fees.
The first and second conviction of a DUI are misdemeanors. Only the first excessive DUI is a misdemeanor. The third charge for a misdemeanor will be a felony if it’s within 10 years. The second excessive DUI will also be a felony.
A DUI conviction will go on your driving record and will stay. There is no way to expunge a charge from your record. The Idaho DMV will report the DUI conviction to your insurance company for three years. During the three year span your insurance rates will increase.
SR22 must be maintained for a period of three years. During this time your rates will surely go up. SR22 is required to reinstate driving privileges.
SR22, Safety Responsibility, car insurance is a type of car liability insurance required by the state if the driver is labeled as high-risk. High-risk drivers include those that have had their driven privileges suspended for DUI, reckless driving, driving without insurance, or have a high number of violations or unpaid tickets.
The Idaho Transportation Department uses a demerit system for regulating the habits of driver’s behind the wheel. The number of points placed on against a driver’s record depends on the infraction in question. The accumulation of too many points will result in license suspensions.
A DUI in Idaho does not have any points associated with it. However, there are other more severe consequences, which can include monetary repercussions. The first DUI offense for adult drivers will include a 90 to 180 day license suspension, up to six months in jail, and fines up to $1,000. Subsequent DUI charges result in larger fines, longer suspensions, and other consequences.
What are the penalties for Excessive DUI in Idaho?
The penalties for excessive DUI include:
The maximum fine you can receive for excessive DUI conviction is $2,000 for a first time offense and up to $5,000 for a second. This does not include other fines or fees like attorney fees, bail, or court costs.
A minimum of 10 days jail time, but the state can impose a sentence of up to a year in jail for the first offensive. The first 48 hours of jail time will be consecutive regardless of sentence lenghth. Jail time increases to a 30 day mandatory sentence with a maximum of 5 years in the state penitentiary.
A first offense excessive DUI will have a 1 year mandatory license suspension after release from confinement without driving priveleges of any kind. A second offense increases the license suspension to a maximum of five years.
If charged, you will undergo alcohol evaluation. Counseling, alcohol education, and rehabilition are possibilities.
Ignition Interlock Device
You will be required to install an ignition interlock device in your vehicle once driving priveleges have been restored.
The penalties for first time excessive DUI include a minimum of 10 days of jail, maximum fines of $2,000, mandatory alcohol evaluation, alcohol education, mandatory victim’s panel, 1 year driver’s license suspension, and SR-22 high risk insurance.
If a driver is charged with DUI and has a prior conviction within the last 10 years, that driver will be charged with a second DUI. It is up to the judge to determine a defendant’s sentence.
The second DUI conviction requires at least two days in jail, but can be up to one year. Fines can be up to $2,000. It is still considered a misdemeanor.
If the driver faces an excessive DUI charge and has a previous conviction of excessive DUI within 5 years it becomes a felony violation. The driver will face a mandatory 30 days in county jail, or up to five years in the state penitentiary. Fines increase to $5,000, and driver’s license suspension lasts for 5 years with one year mandatory no driving privileges upon release and the installation of an ignition interlock device.
In Idaho it is illegal to drive with a BAC (blood alcohol content) of 0.08% or more or 0.02% if the driver is under the age of 21.
It is important to note the best way to avoid a DUI is to not drive if you have drank any alcohol. Use a designated driver, taxi, or make other arrangements before you go out drinking.
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