DUI Rights Help in Idaho – Idaho DUI Laws
After being arrested and charged for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI), it is important to act quickly to fight the charges and get your life back on track. Whether you are pulled over and charged in Boise, Idaho Falls, Nampa, Twin Falls, or anywhere else in the state, you will be facing harsh penalties should you be convicted. Some of these penalties for first time offenders include up to 6 months in jail, up to $1,000 in fines, and a 90 to 180 day license suspension.
With these types of steep punishments on the line, it is important to have your case evaluated to see the likelihood of having the charges reduced or dismissed. At DUIRights.com, we pride ourselves on being able to review the case and all its unique circumstances and being able to challenge the evidence presented by the state prosecutor. It is important to keep in mind that during some DUI arrests, the individual’s rights have been violated in some way. This can be used as a powerful defense.
What Are Your DUI Rights?
In order to know whether or not your rights were violated during a DUI arrest, you need to know what your rights are. While having DUI rights violated does not make an individual innocent, it does help the attorney build a stronger defense to have the case and charges dismissed or to have the charges reduced to something less serious. When reviewing your case, the legal professional may ask you the following questions to help establish which, if any, of your rights were violated.
- What was the officer’s reason for pulling you over?
- Were you Miranda Rights recited to you during the arrest?
- Did the officer witness you driving the car?
- What was the time frame in which the Breathalyzer test was administered?
- Were the arresting officer’s observations consistent with the testimonies of other witnesses?
- Were you administered a field sobriety test and were they administered properly?
The answers to these questions should clearly outline if your rights were violated during the DUI traffic stop and/or arrest. Your DUI attorney will be able to take this information and build a strong defense for you that could possible lead to a better outcome. In the state of Idaho, it is possible to have a DUI charge reduced to “wet reckless” which, aside from having the case dismissed, could be the most favorable outcome for someone charged with DUI.
Protect your rights and learn how to get your Idaho DUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation form to get the answers you need.
You still have a chance to improve your situation once you learn the steps needed to eliminate your Idaho DUI charges. Idaho DUI penalties have become inflated calculations by the court system favored towards the courts themselves and attorneys specializing in this field. DUIRights.com has helped thousands of people just like you. Good people with families, jobs, and friends. People who are now facing one of the worst days of their lives after being charged with DUI. We sincerely believe that people who make a mistake shouldn’t have to pay for it the rest of their lives.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed.
DUI Laws in Idaho
If you are comparing states, Idaho probably falls right the middle in terms of penalties and fines for DUI convictions. There is no mandatory ignition interlock device for first offenders and minimum fines are reasonable. However, maximum fines and repeat offenders face some rather hefty fines as well as significantly longer jail terms and suspensions.
Consequences for Refusing to Take Chemical Tests
Idaho does have an implied consent rule in place, and your license will be suspended if you refuse to take the tests. In the state of Idaho, chemical test refusals will result in penalties of:
- First offense – one year license suspension and $250 fine*
- Second offense – two year license suspension and $250 fine*
- Third offense – two year license suspension and $250 fine*
*regardless of the offense, if you are willing to install an ignition interlock device, you can apply for a restricted license.
Challenging BAC Levels in Court
Idaho uses the same blood alcohol content levels as most other states in the country:
- Drivers that are 21 years or older, .08 percent
- Drivers under the age of 21, .02 percent
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in Idaho?
First time offender sentences have no minimum, but repeat offenders will be required to spend some time in jail. While the minimum sentences for all offenses are short, maximum sentences are some of the toughest in the country for each offense. All mandatory sentences are posted below:
- First time offenders – can spend up to six months in jail
- Second time offenders – minimum of 10 days in jail with a maximum of one year in jail
- Third time offenders – minimum of 30 days in jail with a maximum sentence of five years
Idaho offers a 10-year washout period for all sentencing purposes.
Monetary Fines and Penalties for DUI in Idaho
Minimum DUI fines in Idaho are left up to the judge, but maximum fines are fairly significant:
- First offense – fines up to $1,000
- Second offense – fines up to $2,000
- Third offense – fines up to $5,000
*There is a mandatory ignition interlock device installation required for all repeat offenders.
License Suspension for DUI in Idaho
Every DUI offense in Idaho will result in some type of suspension of license. First and second offense are on par with the rest of the country while third time offenders face a very long maximum sentence:
- First offense – minimum of 90-day suspension and a maximum of 180-day suspension
- Second offense – one-year suspension
- Third offense – minimum of one year and a maximum of five-year suspension
Reasons to Hire an Idaho DUI Attorney
Idaho is increasing its DUI penalties with support from Mothers Against Drunk Driving and other organizations. Steep fines, temporary driver license suspension, and jail time are consequences of an initial DUI conviction and penalties increase with subsequent convictions. Drivers arrested for DUI need legal assistance and a court-appointed public defender is not usually the best person to provide it.
DUI attorneys in private practices put together much stronger defenses. They specialize in DUI cases so they know Idaho DUI laws and they understand how the state court system works. Those who have been practicing in Idaho for years have developed strong networks of experts who testify in court regarding common DUI arrest mistakes. They are also able to get judges to waive or reduce penalties for guilty defendants.
Refusing to take a blood-alcohol test in Idaho results in a one-year driver license suspension. If a lawyer can prove that the arresting officer administered this test without probable cause, the case may be thrown out of court. It takes a skilled attorney, one who understands the intricacies of DUI laws and knows what type of training police officers receive, to accomplish this. Public defenders are more likely to settle than they are to enter a courtroom and make these arguments.
Finding a DUI Attorney in Idaho
Individuals charged with DUI are responsible for finding their own attorneys when going the private route. With so much on their minds, searching for these lawyers and making numerous phone calls is the last thing they want to do. DUIRights.com was established to do this legwork, connecting DUI offenders with specialized lawyers who offer free arrest evaluations.
Submitting a short form available on DUIRights.com initiates the process. Our advocates will find the best Idaho DUI attorney for the case and this legal expert will get in touch to learn more about the circumstances. After listening to his or her recommendations, it will be clear that retaining this lawyer is the best way to beat the DUI charge.
If you are arrested in Idaho as a first-time offender, you are facing up to six months in jail, up to $1,000 fines and a license suspension of up to 180 days. Is this something you really want or can afford to have happen? Idaho does allow a wet reckless plea, so you may be able to avoid a DUI charge showing up on your record if you are first-time offender that is right on the borderline with your blood alcohol content level. Whether you want to fight these charges or try to plea to lesser charges, you will need the help of an Idaho DUI attorney. Fill out the Free DUI Arrest Form Now!