Idaho DUI's
Article by Travis Rice J.D.
A "DUI" is simply shorthand for "Driving Under the Influence." Idaho Code 18-8004 explains that any person that is over a .08 alcohol level while driving or in actual control of a motor vehicle is guilty of a DUI. What does that mean? Well, if you take a breath test, urine test, or blood test and it comes back to be .08 or over then you are committing a crime if you are driving or in actual control of the motor vehicle. More info: Idaho Code Section regarding DUI's
Seems straight forward right....actually its not. Their is a lot of wiggle room. For instance, what constitutes a motor vehicle? Whats driving? Does a horse constitute a vehicle? How about if the car doesn't work? What if you are in the passenger seat when they find you? Can I get a DUI on a private roadway? What if I didn't blow hard enough, did the Police get a warrant? I had gum in my mouth...what does that mean? Their are a mirid of defenses and legal causes which may limit your liability and or dismiss your charges. That's why it is extremely important to get an experienced DUI attorney to handle your case. Be careful, many people like to say they are experts. I would ask "how many days do you actually spend in court," to any attorney you want to hire. If they say..."everyday," your in the right place. Of course, I recommend myself as an aggressive DUI attorney, Click Here to visit my website.
The term "driving" is pretty self explanatory but "actual control" is sometimes to difficult to ascertain. Actual control is being in the drivers seat with the keys in the ignition. I have had several DUI's where someone falls asleep in the drivers seat in the winter after walking to their car to get warm. Police can and WILL charge a DUI in that situation. Keep those keys out of the ignition!
NEVER UNDERESTIMATE THE IMPACT A DUI HAS ON YOUR LIFE!
While a DUI is one of the most common crimes in Idaho and in the U.S. in general, DUI's also carry very steep penalties. Although its one of the most common crimes, its also one of the most complex to litigate. The first reason being, the stakes are very high. The consequences begin early, expect to be arrested and bond out. The bond is usually higher in a DUI case. Your licence is often then suspended after the ALS hearing. The consequences continue, expect your insurance to go up even after the SR-22 insurance and ALS suspension period. You will be labeled as "high risk" for years afterwards. In addition, you may immediately expect to be put on probation, have an ignition interlock device, and do either Jail time or S.I.L.D. (Sheriffs Inmate Labor Detail). Its important to have the right guy for the job.
Let's be honest. Being charged with a DUI is a personal defeat and it has consequences. It can effect your social life, your families relationship with you, and your work. But its not the end of the world; and its likely not as bad as you thought. In Wisconsin, every young boy learns the famous Vince Lombardi quotes. My favorite was...."it doesn't matter that you got knocked down it matters that you got back up." Thats the important thing. You need to remember the fight has just begun. Their are many court cases you have in front of you and many hours of deciding how to handle your situation. If you have a defeatist attitude you will sure be defeated. Try to make the most of the situation, and help your attorney by not being defeated.
Just remember, every person has the right to a jury trial and is presumed innocent under the law until they either plead guilty or they are found guilty. So....technically when your charged your innocent. never the less, consider the penalties.
Jail Time: A max of six months, a minimum is not required. Therefore, you could theoretically spend no time in jail. Also, you may request "options" such as work release, community service, and or SILD in lieu of jail time.
Fine: You may have to pay up to $1,000.00. In Canyon County, I see fines of about $350-$700.
Treatment: Treatment length is decided by an Alchohol Eval. This is standard for DUI sentences. I've seen anywhere from 8 hours to Six Months of treatment required.
Conditions: You will likely have to obtain SR-22 insurance if you want to drive, also the Court may be required to impose an interlock. The interlock is a new law, which takes away the Judges power, and automatically assigns an interlock to your vehicle if you want to drive it. Another condition may be probation. You may have to do a victim impact panel put on by Mothers Against Drunk Driving. To find a Victim Impact Pannel near you Click Here. Probation is also a condition. Supervised probation is where you have a probation officer assigned and you have to be monitored and follow his directions; while unsupervised is where you are directed simply to not commit any new crimes.
Other Crimes: Prosecutors tend to also attach other crimes to DUI's if they can. For instance, if you are driving with your children in the car they may charge an "injury to child" charge which can be a Felony. Additionally, they will charge you with the offense they pulled you over for, that offense can be anything from running a stop sign to speeding.
Jail: A minimum of 10 days in Jail. The first 48 hours must be consecutive. Judges interpret this differently in different places. Some require you to do 48 hours of jail with work release. Others require the entire time at once. Some will even just do 2 days credit, and let you out with SILD. The prosecutor is free to ask up to a year in jail though. That rarely happens.
Fine: Up to $2000.
Treatment: Often the treatment is determined by the Alcohol Evaluation.
Conditions: May be ordered to attend a Victim Impact Panel, get SR-22 insurance, and have an interlock installed on any vehicle you drive. You will be more likely to be on supervised probation as well.
Note on Excessive DUI's and Second Offenses: Sometimes the charging Prosecutor is either young or inexperience at math. It is important to remember that a Prosecutor can actually "amend" or change the charge later. So at any time they find out that they made a mistake they can charge you with the appropriate DUI. This often happens with excessive and DUI second offenses.
Fine: Up to $5,000.
Treatment: Same as above.
Conditions:Likely a Victim Impact Pannel, put on Supervised Probation for a year, and interlock/SR-22 insurance on any vehicle you drive.
Impairment Theory- The Prosecutor can proceed on a DUI, if he has sufficient evidence beyond a reasonable doubt to believe that you were impaired while you were driving. This means you could have a blood alcohol level of less than .08 and or blood work showing no alcohol in your system, but their still be impairment. This is the rarest form of DUI, but I have seen people with .000 BAC been charged with DUI's under the impairment theory.
A refusal is when you fail to submit to either a breath test or a blood test. When you make that choice their are penalties involved. First, no matter what their is a $250 fine for refusing the test. An officer then takes your drivers licence and issues you a 30 day permit. Within that 30 day period you may contest the validity of the stop and revocation of your licence at an administrative hearing put on by the DMV. The only thing they are concerned about is why you refused the test, and if the officer had reasonable suspicion to pull you over.
Alcohol Evaluators in Canyon County
Victim Impact Pannel near you
About Administrative Licence Suspensions
Health and Welfare Treatment Resources
Check your Idaho Licence Status through DMV
DMV
https://www.idahopress.com/news/local/idaho-s-new-dui-law-requires-first-time-offenders-to/article_d4aa12a5-b33e-5eb7-9d8c-9fdb266cf0b2.html
Idaho DUI Laws
https://www.idrivesafely.com/dmv/idaho/laws/dui-laws/
https://dui.drivinglaws.org/resources/first-offense-dui-idaho.htm
https://www.google.com/search?source=hp&ei=njQhXdLBCIb6-gTs1ozgAQ&q=travis+rice+attorney&oq=travis+rice+&gs_l=psy-ab.1.0.35i39l2j0i20i263j0l7.157.1274..4634...0.0..0.571.3297.2-1j1j1j4......0....1..gws-wiz.....0..0i67j0i131.rOzMI9VJA6g
https://travisriceattorney.business.site/
What is a DUI?
A "DUI" is simply shorthand for "Driving Under the Influence." Idaho Code 18-8004 explains that any person that is over a .08 alcohol level while driving or in actual control of a motor vehicle is guilty of a DUI. What does that mean? Well, if you take a breath test, urine test, or blood test and it comes back to be .08 or over then you are committing a crime if you are driving or in actual control of the motor vehicle. More info: Idaho Code Section regarding DUI's
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| Image from: https://www.lowcostinterlock.com/recent-news/5-dangers-drinking-driving/ |
The term "driving" is pretty self explanatory but "actual control" is sometimes to difficult to ascertain. Actual control is being in the drivers seat with the keys in the ignition. I have had several DUI's where someone falls asleep in the drivers seat in the winter after walking to their car to get warm. Police can and WILL charge a DUI in that situation. Keep those keys out of the ignition!
NEVER UNDERESTIMATE THE IMPACT A DUI HAS ON YOUR LIFE!
While a DUI is one of the most common crimes in Idaho and in the U.S. in general, DUI's also carry very steep penalties. Although its one of the most common crimes, its also one of the most complex to litigate. The first reason being, the stakes are very high. The consequences begin early, expect to be arrested and bond out. The bond is usually higher in a DUI case. Your licence is often then suspended after the ALS hearing. The consequences continue, expect your insurance to go up even after the SR-22 insurance and ALS suspension period. You will be labeled as "high risk" for years afterwards. In addition, you may immediately expect to be put on probation, have an ignition interlock device, and do either Jail time or S.I.L.D. (Sheriffs Inmate Labor Detail). Its important to have the right guy for the job.
IMPORTANT THING TO REMEMBER
Some Lawyers like to scare their clients into representation. By that I mean they make the situation sound so grim that the client has no choice in their moment of weakness to hire them. I don't work that way.
Let's be honest. Being charged with a DUI is a personal defeat and it has consequences. It can effect your social life, your families relationship with you, and your work. But its not the end of the world; and its likely not as bad as you thought. In Wisconsin, every young boy learns the famous Vince Lombardi quotes. My favorite was...."it doesn't matter that you got knocked down it matters that you got back up." Thats the important thing. You need to remember the fight has just begun. Their are many court cases you have in front of you and many hours of deciding how to handle your situation. If you have a defeatist attitude you will sure be defeated. Try to make the most of the situation, and help your attorney by not being defeated.Just remember, every person has the right to a jury trial and is presumed innocent under the law until they either plead guilty or they are found guilty. So....technically when your charged your innocent. never the less, consider the penalties.
DUI-First Offense
A DUI First Offense means first offense within 10 years. So if your DUI is over 10 years ago, it will be charged as a First Offense. A standard first offense is .08-.19. A DUI is excessive if it is .20 or higher.Jail Time: A max of six months, a minimum is not required. Therefore, you could theoretically spend no time in jail. Also, you may request "options" such as work release, community service, and or SILD in lieu of jail time.
Fine: You may have to pay up to $1,000.00. In Canyon County, I see fines of about $350-$700.
Treatment: Treatment length is decided by an Alchohol Eval. This is standard for DUI sentences. I've seen anywhere from 8 hours to Six Months of treatment required.
Conditions: You will likely have to obtain SR-22 insurance if you want to drive, also the Court may be required to impose an interlock. The interlock is a new law, which takes away the Judges power, and automatically assigns an interlock to your vehicle if you want to drive it. Another condition may be probation. You may have to do a victim impact panel put on by Mothers Against Drunk Driving. To find a Victim Impact Pannel near you Click Here. Probation is also a condition. Supervised probation is where you have a probation officer assigned and you have to be monitored and follow his directions; while unsupervised is where you are directed simply to not commit any new crimes.
Other Crimes: Prosecutors tend to also attach other crimes to DUI's if they can. For instance, if you are driving with your children in the car they may charge an "injury to child" charge which can be a Felony. Additionally, they will charge you with the offense they pulled you over for, that offense can be anything from running a stop sign to speeding.
DUI-Excessive
A DUI excessive is .20 or higher. An excessive DUI can be your first, second, or third DUI, it is simply determined by your higher BAC at the time. The penalties double at this point. Prosecutors are also less likely to reduce these charges.Jail: A minimum of 10 days in Jail. The first 48 hours must be consecutive. Judges interpret this differently in different places. Some require you to do 48 hours of jail with work release. Others require the entire time at once. Some will even just do 2 days credit, and let you out with SILD. The prosecutor is free to ask up to a year in jail though. That rarely happens.
Fine: Up to $2000.
Treatment: Often the treatment is determined by the Alcohol Evaluation.
Conditions: May be ordered to attend a Victim Impact Panel, get SR-22 insurance, and have an interlock installed on any vehicle you drive. You will be more likely to be on supervised probation as well.
Note on Excessive DUI's and Second Offenses: Sometimes the charging Prosecutor is either young or inexperience at math. It is important to remember that a Prosecutor can actually "amend" or change the charge later. So at any time they find out that they made a mistake they can charge you with the appropriate DUI. This often happens with excessive and DUI second offenses.
DUI-Second Offense-within a 10 year period
Jail: Minimum of 10 days in Jail with a Maximum to a year. Your Judge and circumstance will determine if the judge wants actual jail time, work release, SILD instead of Jail or community service. Don't get excited, your still in a better position than the guy that got the excessive.
Fine: Up to $2,000.00
Treatment: Alcohol Eval and comply with the terms
Conditions (optional for the Judge): Likely a Victim Impact Pannel, put on Supervised Probation for a year, and interlock/SR-22 insurance on any vehicle you drive.
DUI-Third Offense-If it occurs within 5 years of your first offense it is a Felony. If it occurs within 10 years it is a Third Offense.
Jail: Mandatory 30 days and up to 5 years if it occurs within 5 years.Fine: Up to $5,000.
Treatment: Same as above.
Conditions:Likely a Victim Impact Pannel, put on Supervised Probation for a year, and interlock/SR-22 insurance on any vehicle you drive.
DUI-Prescription Use
You can also be convicted of a DUI if you are driving impaired or without a valid prescription. I will discuss the impaired theory below. A Prescription DUI usually occurs when someone is under the influence of a prescription drug. Pills not in a container or in the wrong container can cause a DUI. Often a blood draw is necessary to determine this type of DUI. That is why its important to consult an attorney.
Note:Police often charge a possession of controlled substance charge along with these types of DUI's.
Aggravated DUI
An Aggravated DUI is a DUI which causes bodily injury to another person. This is a Felony in Idaho.
Jail: Mandatory 30 days of Jail. Maximum of 15 years. (per injured person)
Fine: $5,000. You may also have to pay for restitution for the victims families.
Licence Suspension: 1 year from the time you leave jail.
Licence Suspension
Their are two different suspensions that take place to your licence in Idaho. Their is the ALS suspension through the Department of Motor Vehicles and the suspension through the Courts.
ALS Suspsension: Their are two ways to initiate this suspension. First, is if you refuse to take a chemical blood or breath test. Second, if the officer charges you with a DUI after his investigation. You will have a hearing to determine if your licence will be suspended. Its important to collect all the evidence for this hearing as soon as possible. Each situation is different so look at the, "Notice of Suspension" which you received at the time of the arrest.
Courts Suspension: The Courts can suspend your licence as well. I explained the suspensions up above, but after 30 days the Court can consider a work permit request. These are not given to everyone and they must be filled out by you! You can get the forms on the second floor of the Canyon County Clerks Office. An important note, I try to get all my clients licenses backdated to the date of the ALS suspension. In theory it will get your licence back sooner.
Refusals
A refusal is when you fail to submit to either a breath test or a blood test. When you make that choice their are penalties involved. First, no matter what their is a $250 fine for refusing the test. An officer then takes your drivers licence and issues you a 30 day permit. Within that 30 day period you may contest the validity of the stop and revocation of your licence at an administrative hearing put on by the DMV. The only thing they are concerned about is why you refused the test, and if the officer had reasonable suspicion to pull you over.
If cause is found that you should loose your license and the office had cause to pull you over, the board at the DMV can revoke your licence for one year or if it is your 2nd refusal in 10 years, they can revoke it for 2 years.
QUICK REFERENCES
Alcohol Evaluators in Canyon County
Victim Impact Pannel near you
About Administrative Licence Suspensions
Health and Welfare Treatment Resources
Check your Idaho Licence Status through DMV
DMV
OTHER WEBSITES
https://www.idahopress.com/news/local/idaho-s-new-dui-law-requires-first-time-offenders-to/article_d4aa12a5-b33e-5eb7-9d8c-9fdb266cf0b2.html
Idaho DUI Laws
https://www.idrivesafely.com/dmv/idaho/laws/dui-laws/
https://dui.drivinglaws.org/resources/first-offense-dui-idaho.htm
https://www.google.com/search?source=hp&ei=njQhXdLBCIb6-gTs1ozgAQ&q=travis+rice+attorney&oq=travis+rice+&gs_l=psy-ab.1.0.35i39l2j0i20i263j0l7.157.1274..4634...0.0..0.571.3297.2-1j1j1j4......0....1..gws-wiz.....0..0i67j0i131.rOzMI9VJA6g
https://travisriceattorney.business.site/
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