FAQs

  • Criminal Defense

    • Do I need to hire a lawyer?

      If you’re facing DUI charges, hiring a skilled DUI attorney empowers you to better fight for your future and combat the charges. A criminal conviction of any kind will play a major role in shaping your future.

      If you choose not to hire a lawyer, you will still have legal representation assigned by the state via a public defender, but you’ll be unable to choose your specific attorney based on the factors you value most. Choose your lawyer and hire an attorney ready to advocate for your future with a long history of success. 

    • What penalties am I facing?

      Every charge is different, and each charge has different penalties you could be facing. This could include a fee, jail time, or other unique penalties like required driving classes or mandatory rehabilitation. 

      If you’re not sure what to expect from your case and what specific penalties accompany your charge, your criminal defense attorney can help.

    • How long will the case take?

      The court process can take months or it can stretch into years before it gets fully solved. There are many different stages within the litigation process, including the initial hearing, plea bargaining, the preliminary hearing, pre-trial motions, and the trial itself. 

      When you partner with a skilled criminal defense attorney, you ensure that you know what comes next within your process and that you’re prepared for the next steps. Though the court process can be lengthy, your criminal defense lawyer will keep you updated so you know they’re pushing your case forward and developing a strong argument to help you win. 

    • Will the prosecutor communicate with me directly, or my lawyer?

      During the majority of stages within the process, the court will communicate with your lawyer only. Lawyers are required to communicate with the legal parties that represent defendants rather than the defendant themself, so you shouldn’t feel concerned that the prosecutor will contact you directly. 

      However, during the trial, the prosecutor can communicate directly with you and will typically ask a series of questions to build their case before the judge or jury. Before this happens, your criminal defense attorney will help to prepare you so you can confidently face the stands without worrying about what to expect.

    • I want a plea deal. How do I get one?

      A plea deal is an arrangement where a prosecutor provides a concession when a defendant agrees to a guilty plea. This typically carries a lighter sentence or charge than you would receive were the case to go to trial. 

      Though it’s not guaranteed in every instance, your criminal defense attorney may be able to negotiate with the prosecutor to receive a plea deal. A professional, skilled criminal defense attorney increases your chance of achieving a plea deal. Your lawyer can also inform you of what to expect, identify what you want from a plea deal, and advocate for your best interests.

    • Does it matter to my lawyer if I’m guilty?

      Your criminal defense lawyer is tasked with fighting for your freedom and disproving the prosecution. Full honesty is important in this effort because your lawyer needs ample information to build your best argument and to prepare for what arguments they may hear from the prosecution. 

      In some cases, the facts your lawyer is armed with may show you did commit the crime. Even if you’re guilty of the crime, your lawyer will still advocate for your best interests. This may mean fighting for the best plea deal, or it may involve your lawyer showing that the prosecution cannot prove their case. Your lawyer is focused on fighting for you, and that doesn’t change if the facts they learn about your case do show your guilt. 

    • Will I face penalties after completing my sentence?
      Even if you’ve served your prison sentence and paid your fines, you may face penalties that extend beyond your initial sentence. Criminal records can leave long-lasting consequences because others will be able to view that record. That means landlords, banks, and other groups may deny your applications based on a background check. Avoiding this penalties means avoiding a criminal record, so reach out for help defending your case.
    • What can I do if I’m accused of violating my probation?

      If you’re found guilty of probation violations, you may lose your probation privileges, leaving you to serve the remainder of your sentence in jail. Losing these privileges can impact your future and your family, so protecting your probation is key. Fortunately, your lawyer can help you defend your case if you’re accused of breaking the rules of your probation.

    • What do I do if there’s a warrant for my arrest?

      If there’s an arrest warrant out for you, the most important thing is not to panic. While an arrest can happen at any moment, you have the opportunity to speak with a lawyer to plan a discreet, less-stressful arrest. Your lawyer can guide you through the process and help you communicate with the police.

    • Can I just represent myself in court?

      While you’re allowed to represent yourself during your criminal trial, it can lead to further problems. You don’t have the experience, the tools, or the resources to build the best possible defense. That means you’re less likely to get your charges reduced or dismissed completely. Let your lawyer provide the guidance you need.

    • Can my criminal record be expunged?

      In certain circumstances, you may be able to get your record sealed or expunged. This is typically possible if you’re not convicted, if you’re pardoned, or if you were arrested but never charged. This also depends on the type of charges you’re facing. If you’re unsure, reach out for guidance from an attorney.

    • I think my car was illegally searched. What can I do?

      The Fourth Amendment protects Boise residents from unlawful search and seizure. That means law enforcement must have probable cause that you’re breaking the law to search your vehicle or property. If you’ve been searched and you believe the officers didn’t have probable cause, talk to your lawyer about having that evidence removed from the record.

      Call us at (208) 415-9943 to schedule a consultation with the Boise DUI Guy today. He can review your case and reach out to the prosecutor. He’ll also find out what evidence the State has against you. Lastly, he can try to find a defense that will get your case dropped.

  • Idaho Law

    • What are the differences between DUI and DWI in the state of Idaho?
      If you are older, you may be more familiar with the term DWI—driving while intoxicated. At one time, this was the accepted term across the United States. Then people started driving while under the influence of drugs as well as alcohol, and most states changed to the term DUI, or driving under the influence. “Influence” being either drugs (legal or illegal) or alcohol. Some states use the terms OWI (operating while intoxicated) or OUI (operating under the influence), butregardless of the acronym, the meaning is the same—your ability to control your motor vehicle was impaired.
    • Were you actually “in control” of your vehicle?

      Like most people, you may be shocked to find out that you don’t actually have to be driving in order to be charged with DUI. Idaho, like many other states, makes it a crime not only to drive under the influence, but to be in actual physical control of a vehicle and be under the influence. This means if you are in your car sleeping it off, but the keys to the vehicle are readily accessible to you, you could be deemed to be “in control” of the vehicle and could be charged with a DUI. Therefore, driving or operating—or sometimes just sitting or sleeping behind the wheel of a motor vehicle—or a motorcycle, tractor or golf cart—can result in your being placed in the back of a police cruiser and charged with DUI.

    • What criminal penalties can you face for a Boise DUI conviction?

      DUI penalties in the state of Idaho can be harsh. For a first-time DUI conviction (a misdemeanor) you could face:

      • Jail time up to six months;
      • Fines as high as $1,000;
      • Probation for up to six months, and
      • A license suspension from 90 to 180 days.

      A second DUI conviction (a misdemeanor) within ten years of the first could result in:

      • Ten days’ mandatory jail time, up to a year maximum;
      • Fines and fees as high as $2,000;
      • A license suspension for one year with absolutely no driving privileges, and
      • A mandatory interlock ignition device installed on your vehicle.

      For a third DUI conviction (a felony violation) within ten years of the first or second, you could face:

      • Thirty days’ mandatory jail time, up to five years;
      • Fines and fees up to $5,000;
      • A mandatory installation of an ignition interlock device, and
      • A license suspension up to five years, with one year mandatory following release from jail.

      You could be sentenced to enhanced penalties if you are convicted of aggravated DUI for injuring another person while driving under the influence or if your BAC levels were 0.20 percent or higher. If you are under the age of 21, your driver’s license could be suspended or revoked for one year following your first DUI conviction, plus you are subject to many of the same penalties as those over the age of 21. Commercial vehicle drivers will be barred from driving a commercial vehicle for a year for a BAC which is 0.04 percent or higher, plus, if you have any amount of detectable alcohol in your blood, you will be issued an “out-of-service” order for 24 hours. If you are convicted of a second DUI, you will be barred from driving a commercial vehicle for life, plus you will face the “normal” penalties for DUI convictions in the state of Idaho.

    • Will I qualify for an Idaho hardship license?

      In some cases you may be able to apply for an Idaho hardship license which allows you to drive to and from work or school if your driver’s license has been revoked due to a DUI. You will be required to provide an application, license reinstatement fees, verification of employment and proof of insurance. If you are granted a hardship license, your permit may be limited to days or times of driving, geographic areas, or specified travel purposes.

    • How to get your license reinstated following a DUI conviction

      Beyond obtaining a hardship license to drive to and from work or other necessary places, once your revocation period is over, you will want to have your driver’s license reinstated. To complete reinstatement requirements, you must pay a $130 reinstatement fee and provide proof of financial responsibility for three years from the day of your revocation. If you are dealing with a second DUI conviction, you will be required to have an ignition interlock device placed on any vehicle you regularly drive before reinstatement.

  • DUI

    • 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.
    • 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.

    • 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.

    • 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.

    • 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.

    • 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.

    • 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.

    • How can an ignition interlock device impact my life?

      After a second or further offense, you may face harsher penalties that impact your life for even longer than a first-time offender may face. When your driving privileges are reinstated, your car must be fitted with an ignition interlock system to prevent future DUI incidents.

      An ignition interlock device (IID) is a device that requires you to pass a sobriety test before your car can start. That prevents drivers from driving under the influence following a repeat offense, but it can also be embarrassing and expensive. 

    • What if I refuse to take a sobriety test?

      If you refuse a sobriety test, you may be shocked to find that your license is suspended even if you were drinking and driving. When you accept your license, part of the agreement is that you’re implied to consent to these tests as a part of your license. If you refuse, your license will be taken away.

      Typically, it’s better to take the test, even if you’re sure you’re over the legal limit. Your lawyer can more easily fight a DUI charge, while directly refusing to take the test can lead to further penalties. 

    • What penalties do underage drivers face for a DUI?
      Underage drinking is a serious issue, and so the penalties for it are equally serious. If you or your child has been arrested for a DUI, which is anything more than a 0.02 percent BAC level for underage drivers, you may face many of the same consequences as adult drivers. Additionally, while your sentence may be lighter, you may still face mandatory educational courses on drinking and driving, which can also be costly.
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