A DUI charge carries harsh penalties. You could face significant fines and some situations may even land you in prison. If you are facing DUI charges, then enlisting in the help of a DUI attorney in Boise, Idaho can make the difference between a license suspension and time in jail.
What Constitutes a DUI in Boise, Idaho?
In Idaho, all traffic violations are based on the judgment of a police officer, even in the case of DUIs. An officer can pull you over if they see you swerving or driving erratically and, from that point, they can determine if you are driving under the influence of drugs or alcohol.
First, they will conduct field sobriety tests to demonstrate your level of cognitive function and coordination. They will usually ask you to stand one on leg, walk in a straight line or follow a moving object with your eyes. Then a breathalyzer will be administered to determine your blood-alcohol level.
If your blood-alcohol level exceeds 0.08%, you will be charged with a DUI. In the case of drivers under the age of 21, the legal limit is 0.02%. If your blood alcohol level is higher than 0.2% or you have caused significant bodily harm to a pedestrian or another driver, you can be charged with an “aggravated DUI” which comes with a harsher penalty.
Under What Circumstances Can I Go to Prison for a DUI in Idaho?
If a DUI is your first offense, then you can face up to 6 months in jail with no minimum sentence. On a second offense, you could face up to a year in jail with ten days minimum. On your third DUI, you could spend up to five years in jail, and face a minimum sentence of one year.
You will also be required to pay fines and have your license suspended for driving under the influence:
- First offense: up to $1000 with a suspended license for 90 to 180 days
- Second offense: up to $2000 with a suspended license for one to five years
- Third offense: up to $5000 with a suspended license for one to five years
An aggravated DUI is considered a felony offense in Idaho. This means that you could face up to 15 years in prison if while driving under the influence you caused someone significant injury, disfigurement or permanent disability. Regardless of your overall sentence, you will be required to spend up to 30 days in county jail. Once you are released from prison, then your license will be suspended for one year and this suspension can last for up to three. A DUI attorney can help to lessen your sentence and license suspension.
What Can I Do if I’m Charged with a DUI?
When you are charged with a DUI, the first step is to get in touch with a lawyer who will be able to help you defend against the charges. Whether or not you face jail time for your DUI, enlisting in the help of a DUI attorney will be of tremendous benefit. Your attorney can help reduce your penalties by presenting a viable defense. Whether the field sobriety test was inaccurate or the arresting officer lacked the necessary justification for making the stop, your DUI attorney can help you gather the evidence you need to avoid going to prison or paying a harsh fine.
There are many different defenses against DUI charges, including:
- The arresting officer did not adhere to standard protocol when conducting field sobriety tests
- Field sobriety tests were not conducted under reasonable circumstances, such as asking you to perform the heel-toe test while wearing inappropriate footwear or in inclement weather
- The officer was not properly trained to use the breathalyzer
- The breathalyzer results were inaccurate due to a medical condition, as acid reflux can cause a false reading
- The officer did not have a justified reason for pulling you over in the first place
- Your blood-alcohol level increased from the time you were driving from when you submitted to chemical testing
Consult with a Boise DUI Attorney About Your Case Today
An experienced Boise DUI attorney will already be familiar with these defense tactics, and they will work with you to determine if any apply in your case. Boise DUI Guy is committed to helping you defend yourself if you are ever arrested for driving under the influence.