If you have been accused of public intoxication or possession of an open container, it is critical that you have an experienced attorney on your side that is familiar with Idaho’s court system. At Martens Law Office in Boise, Idaho, attorney Jared Martens will work diligently on your behalf to defend your rights.
To discuss your legal needs with an experienced attorney, contact Marens Law Office to arrange your free initial consultation.
Alcohol-related charges need to be taken very seriously and handled carefully. A conviction could affect your livelihood for years in addition to the immediate penalties you face. Martens Law Office takes a smart approach to defending people from charges of public intoxication and open container violations.
Attorney Jared Martens has an impeccable record of vigorously defending clients against public intoxication and open container violations. Whether you were arrested walking home from a party or found with a beer on your bike, he has the ability to mount an aggressive defense and make sure your side of the story is heard.
In Idaho it is a misdemeanor for any pedestrian who is under the influence of alcohol or drugs to walk on any road or highway if in doing so the person would present a hazard to himself, herself or others. Those who are under the influence are required to stay on the sidewalk. However, city codes may also make walking on the sidewalk while under the influence a criminal offense. In Boise, the Boise City Code makes it a misdemeanor for a pedestrian under the influence to be found anywhere in public if their level of intoxication would present a hazard or rise to the level of disturbing the peace. The punishment under the Boise City Code carries up to six (6) months in jail and up to a one-thousand dollar ($1000.00) fine. The same penalties are possible if someone is found with an open container of any sort that contains alcohol of any sort.
We see the charge of “open container” being charged frequently in Boise, Idaho. This is especially true during Boise State Football games. So long as the alcohol is in a generic cup the police do not issue tickets for open container as long as you stay within the confines of the Boise State Football parking lot. However, the second you step onto a public street or sidewalk with the open container the police are aggressive in their ticket writing practices. The charge of drunk in public on the other hand is charged less commonly and generally occurs in downtown Boise near the time that the bars close down on Friday and Saturday nights.
You don’t understand the legal system. You need a lawyer that does.
Jared Martens has extensive criminal defense trial experience in the Boise area. He understands what the prosecution is after and what judges are looking for. He will explore every legal option available to you as he defends you against these charges.
If you are facing charges involving an open container or public intoxication, you need to do everything in your power to defend your rights. The first step is choosing a skilled criminal defense attorney. Contact Martens Law Office today at (208) 344-0994 to arrange your free initial consultation.
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.
What About Two Excessive DUI Convictions?
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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