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What Are the Defenses to a DUI in Boise?


If you’ve been arrested and charged with DUI in Boise, you’ll be facing some serious consequences. Idaho is one of the states that have recently increased the penalties for DUI. They’ve also increased the penalties for people who have a DUI with a blood alcohol level of .20.

You don’t want to get arrested for DUI anywhere. But you certainly don’t want to do it in Idaho. They have very strict laws when it comes to drinking and driving. The law also covers people who decide to drive when under the influence of drugs.

If you are charged with DUI, you need an experienced Boise DUI lawyer. You want someone by your side who knows the law. You also want someone who knows the potential defenses to DUI. A good lawyer can make the difference between a conviction and an acquittal. It’s not really something you want to leave to chance.

Your Boise DUI Lawyer Knows the Law

If you were getting a divorce, you wouldn’t want to hire a lawyer who handles criminal law. The same goes for DUI. If you’re charged with DUI, why would you want to hire someone who doesn’t specialize in DUI? The Boise DUI Guy represents dozens of clients every year who have DUI charges. It’s what his firm does.

A skilled Boise DUI lawyer knows the law in Idaho. Like most states, police officers in Idaho will arrest you if you have a blood alcohol content (BAC) of at least .08. Depending on your size and metabolism, this doesn’t allow for many drinks.

If you get charged with DUI, you could be facing some serious penalties. Under Idaho law, you face the following if convicted of DUI:

  • 1st Offense: Your first DUI conviction is considered a misdemeanor. However, it still poses the possibility of jail time. The penalties for 1st offense DUI in Boise are:
    • Up to 6 months in jail
    • Fines of up to $1,000
    • License suspension from 90-180 days
  • 2nd DUI within 10 years: If you get a second conviction of DUI within ten years of your first, the penalties go up. Under Idaho law, the penalties are as follows:
    • Up to 1 year in jail. You must serve a minimum of ten (10) days in jail.
    • Fines up to $2,000
    • 1-year mandatory license suspension
    • Mandatory ignition interlock device
  • 3rd Violation: If you’ve convicted of DUI for the third time in less than ten (10) years, it becomes a felony. You face mandatory jail time.
    • Up to 5 years in jail with at least 30 days mandatory jail time
    • Fines of up to $5,000
    • License suspension from 1-5 years
    • Mandatory ignition interlock device

Your Boise DUI lawyer know these penalties. They’ll do their best to keep you out of jail. They’ll work hard to get the charges dismissed or reduced.

Your Boise DUI Lawyer Knows the Possible Defenses

A lot of people think you don’t need a lawyer for a DUI offense. That couldn’t be further from the truth. Even for a first offense, there is a lot at stake. You want to retain an experienced Boise DUI lawyer who knows how to prove a defense.

Some of the possible defenses to DUI include:

  • The cops didn’t have reasonable suspicion to stop you in the first place – The cops can’t just pull over cars at random and check for drunk driving. They need a legitimate reason to pull you over to begin with. If not, everything that follows the stop will become inadmissible.
  • Was it a pretextual stop? – Cops may pretend that they’re pulling you over for one reason when really, they just think you may be drunk. This is when the cops pull over a car with tinted windows because they have a bias toward these cars. Or, an officer parks across from a busy nightclub and pulls over everyone who leaves.
  • Was there an unlawful roadblock? – Law enforcement must follow certain rules for a roadblock, and if they don’t follow them, the case could be thrown out.
  • The police lacked the 3 required indicators of intoxication – Cops must notice at least 3 indicators of intoxication. Some of these are slurred speech, bloodshot eyes, or the smell of alcohol. Because these things are subjective, your Boise DUI lawyer can challenge them in court.
  • Was the breathalyzer inaccurate or not calibrated properly? – Your Boise DUI lawyer can argue that the breathalyzer machine was inaccurate. This may be the most common defense available.

Contact a Boise DUI Lawyer if You Have a DUI Charge

If you’re arrested for DUI in Boise, you need to call an experienced Boise DUI lawyer. Your lawyer can help put up a strong defense in court. He can make the difference between you going to jail for drunk driving or going home.

Call and schedule your initial consultation today. You don’t have a lot of time before your first hearing. Don’t wait until the last minute, call today and speak with an experienced attorney.