Boise DUI Law Firm
A person’s life can change in the blink of an eye. The moment when the flashing red lights of the police car come up behind them can be such a moment-especially if it results in tests showing a blood alcohol content (BAC) level of 0.08% or higher. That’s over the legal limit in Idaho for operating a vehicle. Now, the driver is facing a host of negative consequences. Our Boise DUI law firm is here to help.
The fallout from a DUI conviction includes fines, driver’s license suspension, and the possible installation of an interlock device in one’s own vehicle. Depending on the circumstances, those consequences could even include jail time. The potential penalties increase in the case of a second offense. A third DUI charge will be treated as a felony.
For those who are underage, a DUI conviction can hinder their efforts to get into college and find employment. When property is damaged, or another person is injured, charges can escalate to aggravated DUI, with even stiffer sanctions. Commercial drivers can face the loss of their CDL.
We know facing all this can be scary, but it’s imperative that defendants and their loved ones not give up hope. There are more ways to contest a DUI, be it for alcohol or marijuana, than many people realize. That’s why, before you give up and plead out, give us a call.
Trilogy Law Group answers the phone 24/7. Call now at (208) 415-9943.
Challenging a DUI Charge
Broadly speaking, there are two avenues our attorneys can investigate in seeking acquittal for our clients. One is the validity of the arrest, and the other is the accuracy of the test results.
The Validity of the Arrest
Drivers have constitutional rights. One of those, under the 4th Amendment to the U.S. Constitution, is protection against unlawful search and seizure. In a DUI context, this means a police officer needs to have a valid reason before pulling over a driver in the first place. This is known as probable cause.
The state of Idaho takes this seriously enough that even sobriety checkpoints, where drivers are stopped at random, are not permitted. This also means that a police officer must have a concrete reason to have pulled a driver over. It can be something as simple as the driver rolling through a stop sign or partially crossing the median line. So long as there’s some reason to think the driver is violating the law.
Moreover, there must also be probable cause for ordering the sobriety test after the stop. An open container could qualify. An admission by the driver that they have been drinking certainly can. The smell of alcohol could be probable cause. Again, though, there must be something. Police officers are not permitted to randomly pull people over and test them for no reason.
Our attorneys are diligent about investigating the circumstances of the arrest and making certain law enforcement followed their constitutional obligations. If probable cause cannot be established, then any evidence gathered from the stop, or the test is inadmissible in court.
Real Stories, Real Results
Client Reviews & Testimonials
Discover what our clients are saying about their experiences with Boise DUI Guy.
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"Highly recommend."Several years ago, I had a DUI. People make mistakes and Aaron and his team were there to help me out in a pinch! Everyone was very friendly, empathetic and made me feel secure when I thought life was over. I never had any questions as I was always in the know regarding my case along with procedures. I highly recommend Aaron and his firm.- Keri A.
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"Very kind, very helpful."Would highly recommend, I had a very complicated series of issues and was able to get clear and concise direction on a recommended way to proceed. Very kind, very helpful.- Jack H.
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"I would recommend to anyone needing help!"Erik O’Daniel and Trilogy Law Group were amazing!!! I really enjoyed working with them. They made a really stressful and difficult time easier with such professionalism and kindness. I would recommend to anyone needing help!- Chance D.
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"Knowledgeable and honest."Eric Baldwin has been my lawyer for many years he is always there to help me. Very knowledgeable and honest.- Anna S.
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"Definitely recommend!"Aaron answered my phone call immediately, was an attentive listener, and was very helpful in answering my questions I had. Definitely recommend!- Jackie K.
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"He helped me above and beyond my wildest expectations."Erik O'Daniel represented me and helped me above and beyond my wildest expectations and continued to help me through the entire process when I had questions or if I was frustrated and needed to vent.- Sam J.
The Accuracy of the Test
There’s an incorrect perception that breathalyzer equipment and blood tests produce infallible results. That's not true. There are a host of reasons they can be inaccurate.
Breathalyzer instruments must be properly calibrated to work correctly. Law enforcement is obligated to follow certain maintenance procedures and document that they have done so. Officers must be properly trained on how to use the equipment, and that training must be documented. Any failure in maintenance, training, or documentation can cast doubt on the accuracy of the tests.
Moreover, there are different types of food, medicines, and health conditions that can trigger what are called “false highs.” That is, they deceive the breathalyzer into thinking someone has consumed more alcohol than is really the case.
Bread and sugar products are a prime example of this. This could be anything from pretzels at a bar to appetizers with wine to cake with champagne. Certain types of mouthwash can also create an inaccurate BAC result on a breath test. A person who has conditions that include acid reflux or diabetes may be more susceptible to showing high BAC results.
None of these are unusual situations or conditions. We’ll review these, and the multitude of other possibilities with our clients to see if any apply.
It does bear noting that one option Idaho residents do not have is to refuse the breathalyzer test itself. While permissible in some other states, Idaho residents are given an implicit form of consent to the testing when they get their driver’s licenses. Refusing a test has legal consequences under Idaho breathalyzer law, even if someone isn’t under the influence.
Why Choose Trilogy Law Group?
Turn to Boise DUI Guy
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Dedicated RepresentationNo matter the complexity of your case, Boise DUI Guy is dedicated to securing the best possible outcome for you. We put our clients first, working tirelessly to achieve favorable results.
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24/7 Help AvailableWhether it's late at night or early in the morning, you can count on our firm to provide the support and guidance you need when you need it most.
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Compassionate GuidanceFacing a criminal charge can feel overwhelming and daunting. With Boise DUI Guy by your side, you'll receive compassionate support and guidance every step of the way.
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Offering 100% Free ConsultsDiscuss your case with an experienced attorney, explore your options, and receive guidance without any obligation.
Call Our Reliable Boise DUI Law Firm
We have experience in this office that goes back to 2005. Our attorneys know how to fight these charges, and they work with people on a wide range of DUI cases, including those involving boating. We know how to investigate, what questions to ask, and what information to look for in our efforts to earn acquittal, or at least the reduction of consequences. Let us help.
Call Trilogy Law Group at (208) 415-9943 or contact us online today.
Frequently Asked Questions
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 208-415-9943 today!
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What is considered driving under the influence?In Idaho, Driving Under the Influence (“DUI”) is defined as driving or being in actual physical control of a vehicle while you are under the influence of alcohol or drugs upon the ways of the state open to the public.
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What if I am taking prescription drugs, will I still get a DUI?
The fact that you are taking prescription drugs is not a defense to a DUI. The law specifically provides that you can still be punished for DUI if as a result of taking the prescription drugs, your ability to drive has been diminished.
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What if I am a resident of another state and refuse to submit to a test?
If you are from another state and refuse to submit to a test in Idaho, the arresting officer will take possession of your license and forward it to your home state’s licensing authority along with a report stating that you refused to submit to a test.
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What can I do for my best chance at beating the charges?
Beating criminal charges is easier with a skilled criminal defense lawyer who has a strong history of success. Choosing a lawyer as early in the process as possible will ensure you have a legal advocate so you know what to expect and don’t miss any key dates and court appearances.
As you work with your lawyer, be honest and open from the start. Your lawyer will begin building your case swiftly and they need the full details at their disposal to do so. Down the line, if they learn of something you omitted months ago, it may weaken their case substantially. Be communicative and truthful from the start, and trust that your lawyer will build your best defense and fight for your future so you can beat the charges.
When you’re ready to beat the charges, contact a Boise DUI defense lawyer at Trilogy Law Group today by calling (208) 415-9943 or filling in our form below.
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What is a DUI?
Driving under the influence (DUI) is defined by Idaho law as operating a motor vehicle while being under the influence of drugs or alcohol.
DUI can also be considered excessive if your blood alcohol concentration (BAC) level is equal to or greater than 0.20 percent. Excessive DUI carries different legal penalties than regular DUI.
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What are the personal consequences of a DUI conviction?
You may suffer damage to your reputation following a DUI conviction. While this may not sound like the worst possible outcome, consider all the things that your reputation impacts. You may struggle to get admitted to the college you’ve been studying for or may be denied acceptance to certain professional organizations.
You may find it difficult to get the certifications or to get into the programs you need to pursue your dream career. You will likely struggle with employment and may be unable to get a well-paying job because you have the black spot of a DUI on your record. Ultimately, being convicted of a DUI can cause your otherwise bright future to take a grim turn.
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What penalties may I face for a first-time DUI?
In Idaho, the legal consequences for a DUI depend on several factors. The primary factor considered is whether or not it is an individual’s first, second, or third offense. Other factors considered include the individual’s age and blood alcohol content (BAC) level.
Your first offense is considered a misdemeanor. You may be jailed for up to six months, and face a fine of up to $1,000. Your license will be suspended for at least 90 days, sometimes up to 180 days.