In Idaho, if you plead guilty to, or are convicted of, a first offense DUI you will likely face a fine of up to $1,000 and may be required to spend 180 days in jail.
It may be possible for you to serve out your jail sentence either through the Sheriff’s Inmate Labor Detachment or through community service, depending on the circumstances of your case and the ruling of the court.
You will also be subject to a driver’s license suspension that will be imposed for up to 180 days. During the first 30 days of that suspension, you will have absolutely no driving privileges whatsoever.
After 30 days, you may be eligible for a restricted permit that will enable you to drive to and from work.
Along with these penalties, you will also be required to pay various court costs and fees and will also carry the burden of having a DUI on your record for the rest of your life.
There are six common DUI defenses. These defenses are the best place to start when trying to beat a DUI charge.
1) Improper stop by police – police must have more than a hunch or a gut feeling that a certain individual is committing or has committed a crime. 2) Failure to follow proper field sobriety test protocol – failure by law enforcement to adhere to the predetermined procedures can result in a suppression of any evidence gathered during the test. 3) Improper testing and storage of blood alcohol samples. 4) Medical conditions – certain medical conditions, fatigue, or neurological problems can impact a roadside test.
5) Improper interrogation or Miranda violations – police are required to inform a suspect once he or she is officially “under arrest”. 6) Inappropriate communication with the defendant – a defendant cannot be interrogated, or even spoken to, without the consent and/or presence of counsel. 7) Violations of the rules of evidence & procedure – these types of DUI defenses pertain to the actual day of trial. All courtroom rules and procedures must be followed as their violation may be grounds for the dismissal of charges.
From the initial police stop to the introduction of evidence at trial, these DUI defenses may help to reduce an unreasonably harsh sentence or even result in a dismissal altogether.
DUI Lawyer Boise ID Legal Insights
