Skip to content

Can My DUI Lawyer Get the Charges Reduced or Dismissed in My DUI Case in Boise?

Home » Blog » Can My DUI Lawyer Get the Charges Reduced or Dismissed in My DUI Case in Boise?

Idaho is like a lot of states when it comes to DUI. If you’re caught driving while under the influence of alcohol or drugs in Boise, you will get a DUI charge. In order to get a DUI charge, you’ll have to meet the following requirements:

  • You must have a BAC of .08 or higher
  • If you’re a commercial driver, the BAC requirement is only .04
  • The BAC threshold is only .02 if you’re under 21

The law in Idaho imposes penalties for DUI. These penalties increase with each additional offense. The penalties in Boise for a DUI are as follows:

First Offense: For your first offense, you’ll face the following penalties:

  • Up to 6 months
  • Fines up to $1,000
  • Up to 7 months license suspension
  • 1 year of Interlock Ignition Device

Second Offense: For a second DUI, the penalties increase:

  • Up to 1 year in jail
  • Fines of up to $2,000
  • At least 1-year driver’s license suspension
  • At least 1 year of Interlock Ignition Device

Third Offense: If you’re convicted of your third DUI, the penalties are quite steep:

  • Up to 10 years in jail
  • Up to $5,000 in fines
  • License suspension of 1 to 5 years
  • At least 1 year with Interlock Ignition Device

As you can see, Idaho takes DUI offenses seriously. There is a lot at stake if you’re arrested for DUI. That’s why it’s so important that you have an experienced Boise DUI attorney by your side.

Your Boise DUI Attorney Can Fight the Charges

If you’re charged with DUI, it isn’t the end of the world. Just because you’re charged doesn’t mean you’ll be convicted. An experienced Boise DUI attorney can help you fight the charges.

After your DUI arrest, you’ll be required to appear in court. The State will need to prove that you were in fact drunk at the time of your arrest. This means they’ll have to prove the following:

  • You were pulled over lawfully
  • You were actually drunk at the time of the arrest
  • The tests used to measure your BAC were accurate
  • You didn’t have a legal defense to the charges

DUI attorneys will help challenge all of these things. Depending on the circumstances of your case, you may have a legitimate defense to the charges. Your Boise DUI attorney will discuss the possible defenses with you.

Your Boise DUI attorney will reach out to the prosecutor to see what evidence they have against you. He can also try to negotiate with them to dismiss or reduce the charges.

DUI Attorneys in Boise Know the Defenses to DUI

There are certain defenses to a DUI in Boise. These defenses exist to make sure that people who have a DUI charge are treated fairly. If you have a legitimate defense to DUI, your lawyer will fight to get your charges dismissed.

Some of the defenses to DUI have to do with whether or not you should have been pulled over to begin with. The police need a reason to stop you. They can’t just pick cars at random and test them for DUI.

Why Were You Stopped?

In order to pull you over, the police must have a reasonable suspicion that you are engaging in illegal behavior. They can’t just pull you over because you’re leaving a bar or restaurant. They have to observe you doing something wrong.

If you were doing nothing wrong at the time of the stop, your Boise DUI attorney will challenge the stop. He will argue that since the stop was illegal, they must dismiss the DUI.

Did the Officer have the Required Indicators of Intoxication?

Police officers in Idaho must have at least three (3) indicators that you are under the influence in order to charge you with DUI.

Some of these indicators include:

  • Odor of alcohol
  • Slurred speech
  • Bloodshot or watery eyes

Your Boise DUI attorney can claim that you didn’t have the 3 indicators required. He can rely on the video of the stop to help prove this.

BAC Test Inaccurate:

To receive a DUI charge, you need to have a BAC of at least .08. (The required levels are lower for commercial drives and underage drivers.) If your BAC is right around that .08 limit, your Boise DUI attorney can claim that the breathalyzer was inaccurate.

Contact a Boise DUI Attorney Today

If you’ve been arrested for DUI in Boise, Idaho, you need to contact a Boise DUI attorney today. There is a lot at stake. If convicted, you’ll face fines, jail time and a suspension of your license. Rather than plead guilty, you need to give yourself a chance to get the charges dismissed.

Call and schedule your consultation with an experienced Boise DUI attorney today.

dui

Fourth July Holiday: 56 Drivers Were Charged With DUI

The Idaho State Police charged 56 drivers with driving under the influence (DUI) over the course of the Fourth of July holiday. These figures refer to the DUI charges against drivers during the first week of July alone. And they mark a significant uptick compared to other first-week figures for months like June or August.…
dui attorney

How Much Does It Cost to Hire a DUI Lawyer?

If you’ve been charged with driving under the influence, you probably know you should hire a competent lawyer. However, you may fear that a good DUI lawyer will cost too much. This is understandable but you need to think about how much is at stake. A DUI is a serious charge and the consequences for…
dui

Man Commits Suicide during DUI Arrest

A man fatally shot and killed himself during a DUI arrest in the Owyhee County. The unusual incident has prompted investigation by multiple agencies in order to determine the exact facts of the case. According to the details available so far, the man who committed suicide was traveling on the Highway 51 in a mid-sized…