drinking while driving

Driving under the influence (DUI) is a serious charge in Idaho, with penalties including fines, mandatory driver training classes, probation, and imprisonment. However, almost anyone can get a DUI charge. All it takes is having one drink too many and getting behind the wheel.

If you’re facing a DUI charge in Boise, Idaho, you need the help of a qualified lawyer. We at Attorneys of Idaho are recognized for providing effective criminal defense representation, which includes taking a compassionate and empathetic approach to clients. When you hire our DUI criminal defense lawyers, you can count on us to listen respectfully, find out your goals, and exceed your expectations in every way.

A DUI conviction is more than just embarrassing. It can create problems for your future and interfere with your life in many ways. Don’t just resign yourself to facing the penalties of a DUI conviction. Contact Attorneys of Idaho today to speak with a reputable Boise DUI lawyer and discover how we can make a difference in your case.

Why Choose Attorneys of Idaho for Your DUI Case?

Attorneys of Idaho is recognized throughout the Gem State for its legal excellence and quality service, with over 400 five-star reviews to prove it. In all of our cases, we employ a team-based and collaborative approach, leveraging everyone’s strengths to achieve the best results.

Our motto is:

“Great Attorneys. Great People.”

It means we combine genuine compassion for our clients with aggressive defense strategies in order to achieve effective results. Our approach is to determine your goals and expectations early on, then strive to exceed those expectations.

Our law practice is big enough to fight but small enough to care. We emphasize kindness and empathy, both for our clients and our community. We understand that people make mistakes, and anyone can get in trouble. If you’re facing charges, you need the help of a seasoned criminal defense attorney who will handle your case in a respectful, transparent, and trustworthy way.

To speak with a Boise DUI attorney who knows what you’re going through and can help, contact us today for a free, confidential case evaluation.

How a Boise Defense Lawyer Can Help in a DUI Case

A DUI lawyer in Idaho can help you with your charges by:

  • Challenging the Validity of the Stop – Police cannot simply pull people over on a hunch. They must have some reason for thinking you may be intoxicated.
  • Challenging the Officer’s Reason for Asking You to Take a Field Sobriety Test – Officers are not allowed to ask you to get out of the car and take the test unless they have some reason for suspecting intoxication. That’s why they ask you whether you’ve had anything to drink.
  • Challenging the Field Sobriety Tests – If the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test is performed incorrectly, then the officer doesn’t have probable cause for an arrest.
  • Challenging the Breathalyzer or Blood Test – These tests are not valid indicators of intoxication unless they’re done correctly. For instance, the breathalyzer must be properly calibrated, maintained, and cleaned. If the test isn’t valid, the police often have no evidence that you were driving under the influence.

In some cases, our lawyers may secure a full acquittal or even have the case dismissed. That isn’t always possible, but a qualified defense attorney can help even when the prosecution can prove its charges. We can often persuade the prosecutor to reduce the charges or obtain a more lenient penalty upon conviction.

In DUI cases, the most common cases that go to trial are cases where 1) the client was asleep inside the vehicle and the issue is whether they were in physical control, and 2) when breathalyzer results are inaccurate.

Get in touch with Attorneys of Idaho today to schedule a free, no-obligation case review.

What Are Idaho’s DUI Laws?

Idaho DUI laws make it unlawful to be in actual physical control of a motor vehicle if you are any of the following:

  • Under the influence of alcohol
  • Under the influence of drugs
  • Under the influence of any other intoxicating substance

The law also makes it unlawful to be in control of a vehicle if your blood alcohol content is the following:

  • 08 or above, which is the basic Idaho DUI limit
  • Between 0.04 and 0.08, if the officer sees signs of intoxication, like poor balance or slurred speech
  • Between 0.02 and 0.08 if you are under 21 years of age

Idaho defines “actual physical control” of a motor vehicle as the following:

  • Being in the driver’s seat while the motor is running
  • Being in the driver’s seat while the vehicle is moving

Does a DUI Constitute a Felony in Idaho?

Is a DUI a felony in Idaho? That depends on your blood alcohol content, how many previous DUI convictions you have within a certain time frame, and whether anyone gets injured.

Factors that can result in a felony DUI charge include the following:

  • A third DUI conviction within 10 years
  • A second excessive DUI conviction within five years, with excessive DUI defined as having a blood alcohol content of 0.20 or above
  • An aggravated DUI charge, for causing great bodily injury, permanent disfigurement, or permanent disability

What Are the DUI Penalties in Idaho?

Idaho DUI penalties vary depending on how many DUI convictions you have and whether you are convicted of a felony or a misdemeanor. Penalties for a first DUI can include the following:

  • Up to six months in jail
  • A fine of up to $1,000
  • License suspension for at least 30 days, followed by an additional 60- to 150-day suspension
  • Installation of an ignition interlock device for an additional year
  • DUI probation

Penalties for a second DUI within 10 years are double those of a first offense, as are the penalties for excessive DUI of 0.20 or above. Penalties for a third DUI within 10 years or a second excessive DUI within five years can include the following:

  • A felony charge
  • Up to 10 years in prison
  • A fine of up to $5,000
  • License suspension for five years

Penalties for an aggravated DUI conviction can include up to 15 years in prison, as well as fines and license suspension. Penalties for vehicular manslaughter can include up to 15 years in prison and fines of up to $15,000, as well as a possible child support order for surviving children.

What Long-Term Consequences Could I Face for a DUI Conviction?

The long-term consequences of a DUI conviction in Idaho can include the following:

  • A lifelong criminal record, which will show up on background checks and can make it hard to find housing or a job
  • Revocation or suspension of your driver’s license
  • Fines, fees, and other costs
  • Disruption to your life and your relationships

What Are Common Defenses Used in DUI Cases?

Your DUI defense attorney will use one of the following two approaches for your defense:

  • If your attorney can raise doubts about the prosecution’s evidence or get it suppressed, they may argue that you did not commit the offense and should be acquitted.
  • If the prosecution has overwhelming evidence and there is no realistic prospect of an acquittal, your attorney may argue that you deserve leniency. For instance, if your blood alcohol content was relatively low, or you have no prior DUI convictions, or you entered substance abuse treatment voluntarily, your attorney may be able to convince the court to show you leniency.

Whatever approach your attorney takes, you must follow your lawyer’s advice between your arrest and trial. Taking a substance abuse treatment program and treating the judge respectfully can make a difference in the penalties you’ll face.

Can a DUI Charge Be Thrown Out?

Can a DUI be dismissed? Yes, sometimes. If we at Attorneys of Idaho can demonstrate that the arresting officer had no legitimate reason to pull you over, that the officer does not follow proper procedure in investigating the DUI, or that the breathalyzer wasn’t properly maintained and calibrated, then we may be able to get the charges thrown out of court.

Contact us today to discuss your case, and we can assess the details in greater depth.

How Much Does a DUI Lawyer Cost?

One of the most common questions we get at Attorneys of Idaho is “How much does a DUI lawyer cost?” That depends on the situation, but DUI defense usually costs between $2,000 and $10,000. However, a better question would be, “What is the cost of a DUI?”

The costs of a DUI charge can include:

  • Hiring a bail bondsman, which is 10 percent of the bond plus posting fees
  • The cost of hiring a DUI defense attorney
  • Fines of $500-1,000
  • Court costs
  • License reinstatement fees
  • High-risk insurance, with higher premiums
  • Alcohol evaluation fees
  • Substance abuse treatment fees
  • Victim impact assessment fees
  • Ignition interlock device fees

The total costs of a DUI charge can add up to several thousand dollars. Hiring the best DUI defense attorney you can find is the most effective way to minimize these costs.

Does Idaho Use the Terms ‘DWI’ and ‘DWAI’?

DWAI (driving while ability impaired) is a term some states use for driving with a blood alcohol content below the level needed for a DWI (driving while intoxicated) conviction. Idaho does not use the terms DWI or DWAI.

However, Idaho uses the term DUI for both offenses. In Idaho, you can be convicted of driving under the influence if any of the following apply:

  • Your blood alcohol content is 0.08 or above.
  • Your blood alcohol content is between 0.04 and 0.08, but the officer can see other signs that you are under the influence of alcohol. This is the same scenario that other states would describe as “driving while ability impaired.”

If you are convicted of a DUI but your blood alcohol content is low, Attorneys of Idaho can argue that you deserve leniency from the court. Reach out to us today for a free, confidential consultation, where we will review your case and discuss your legal options.

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Contact a Boise DUI Defense Attorney Today

If you’ve been charged with a DUI in Boise, Idaho, don’t delay — contact Attorneys of Idaho today. With a proven track record in handling DUIs and complex criminal cases, our law practice is committed to fighting for your rights and investigating every possible offense. We are well-versed in Idaho criminal law and are prepared to take your case to trial if necessary.

Don’t leave your freedom up to chance. Call us today or fill out our online form for a free, no-obligation consultation with a reputable and experienced Boise DUI lawyer.

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