Frequently Asked Questions About DUI Cases

When you or someone in your family receives a charge for driving under the influence (DUI), you may feel understandably worried over the outcome of your case. Depending on your  individual circumstances, you may have to spend time in jail, pay a fine, give up your driver's license, or some combination of the above  as well as additional fines and penalties including mandatory installation of an ignition interlock device.

The more thoroughly you understand how the courts implement DUI laws and charges and how the right attorney can help build a more effective defense, the greater your chances for an optimal outcome. Start by exploring the answers to these frequently asked questions about DUI cases.

What Qualifies as a DUI in Idaho?

A DUI does not automatically or exclusively refer to drunk driving. As a legal charge, driving under the influence encompasses any attempt to control a vehicle  (including sitting in the driver’s seat)  while intoxicated by alcohol, drugs, or any other substance that impairs driving ability. Even a legally-prescribed medication might produce the necessary impairment.

The authorities evaluate alcohol-based impairment on the alleged offender's blood alcohol content (BAC) at the time of arrest. For most adult drivers of private vehicles, a BAC of at least 0.08 percent indicates legal impairment. However, drivers under the age of 21 violate the law by driving with a BAC of just 0.02 percent.

Commercial drivers face tighter legal driving limits than drivers of private vehicles. If you drive a commercial vehicle in Idaho with a BAC of 0.04 percent or higher, you may face DUI charges.

How Do Specific Circumstances Affect the Severity of DUI Charges and Penalties?

The degree of intoxication or impairment at the time of the arrest may impact the severity of the charge and penalty. A BAC exceeding 2.0 percent, for instance, may draw more severe penalties than a BAC of 0.08 percent, which in turn may draw harsher penalties than a juvenile charge at just 0.02 percent BAC.

In accordance with the state's implied consent laws, you have to consent to blood, breath, or urine testing at the time of a DUI arrest. Refusal to do so can harm your case in court and lead to additional penalties,  including  license suspension and fines.

Prior DUI convictions can steepen the penalties you may face. For example, a first offense may draw up to six months in jail, up to $1,000 in fines, or a 90- to 210-day license suspension. Second offenses can draw up to one year in jail, $2,000 in fines, and a minimum of one-year license suspension.

A third DUI offense in Idaho can mean a  prison  sentence of up to 10 years, $5,000 in fines, and a license suspension of up to five years. A first, second, or third offense  will  also mean that you have to install an ignition interlock device that prevents the car from starting unless you test below the legal BAC limit.

Why Do You Need Skilled Legal Representation for Your DUI Case?

If the facts and evidence presented in your DUI case seem fairly straightforward, you might assume that no one can save you from the worst punishments on the books. In reality, a skilled, experienced attorney can point out many mitigating factors to soften your sentence or possibly  even get your case dismissed.

Some DUI cases may face dismissal if your attorney can point out a legal or administrative error in your arrest. For example, the court may rule an arrest improper if the arresting officer had insufficient motivation to pull you over, failed to administer BAC testing correctly, or mishandled the chain of custody for a blood test.

Other DUI defenses may point out extenuating circumstances that led you to drive impaired against your intentions. Examples include someone forcing you to drive while impaired, an emergency that made driving absolutely necessary, or an honest belief that an ingested drug's intoxicating effects have worn off.

Your attorney might even have sufficient evidence to defend your case on the grounds that you consumed the intoxicating substance unknowingly or involuntarily. For instance, if you drank an innocent-looking spiked punch at a party you might have driven intoxicated because you didn't know that you had consumed alcohol.

Even if you knowingly consume an intoxicating substance and then drive, you may have a defense on the basis of entrapment if a police officer actually encouraged or facilitated this misbehavior in an attempt to facilitate the arrest. However, your attorney must show that you would not have indulged in such behavior otherwise.

A persuasive attorney may find a way to get your sentence reduced. You may have the opportunity to plead guilty to a lesser charge . If so the judge may reduce your fine, reduce your jail term, or remove some portion of your sentence entirely.

Hart Law Offices, P.C., can provide invaluable legal advice and help you defend yourself against a DUI charge as effectively as possible. Contact our law office today to set up a consultation.