My name is Cody A. Long. I'm a criminal defense attorney who represents clients in Idaho. Most of my clients come from Boise, Meridian, Nampa, and Caldwell, but I've helped clients all over southern Idaho, and I can help you, too.
Driving Under the Influence carries significant penalties, including jail time, the loss of your driver's license, and fines. DUI cases are technical and complex, both in the law and in the evidence. Prosecutors have a mountain of evidence to use against you, including the scientific results of your blood alcohol test, audio recordings of your arrest, video recordings of you performing the field sobriety tests, and the testimony of the arresting officers. In short, the deck is stacked against you.
I can help you. I know how to attack the evidence and exploit weaknesses in the prosecution's case. Police officers aren't perfect and they sometimes make mistakes. I know what mistakes to look for that could minimize the penalties you are facing or even result in the outright dismissal of your case. But even if the prosecutor's case against you is a strong case, I can identify and help you work towards the best solution for your situation.
I have helped clients with their legal problems throughout southern Idaho, from Payette to Twin Falls, and I can help you. Call me at (208) 287-3303 and let me stand up for your rights.
FAQs
I blew a .08 or higher--I'm guilty, right?
Not necessarily. First and foremost, I look at every aspect of the stop to see if the police acted appropriately and according to training. If the stop was illegal, you should be able to get your case dismissed. If the police didn't follow proper procedures following the stop, you have ammunition to use against the validity of the field sobriety tests. Finally, the results of blood and breath alcohol tests can be attacked in a number of ways. The most common way to attack these tests is to show that the officer didn't conduct the test properly or that the instrument wasn't properly calibrated.
But I failed the field sobriety tests...
It certainly can look bad if the prosecutor shows the jury a video of you failing the field sobriety tests. Nonetheless, it may be possible to use these tests to your advantage, especially if the police officer did not perform and/or demonstrate the tests correctly.
What are the penalties for DUI?
There are both civil and criminal penalties for DUI and you need to act quickly to protect your rights. The penalties are outlined as follows:
Civil Penalties: The Clock is Ticking
The civil proceeding involves the automatic suspension of your driver's license. This suspension is for a minimum of 90 days. If you want to fight the suspension, you have to begin the process within seven days of your arrest. The following summarizes the license suspension penalties in the civil case against you:
First offense DUI (driver failed sobriety tests): 90 day driver's license suspension.
First offense DUI (driver refused to take sobriety tests): 1 year driver's license suspension, $250.00 fine.
Second DUI in five years (second failure of sobriety tests in five years): 1 year driver's license suspension.
Second DUI in ten years (second refusal to take sobriety tests in ten years): 2 year driver's license suspension, $250.00 fine.
Criminal Penalties
The second proceeding that you are facing is the criminal proceeding. The following is a summary of the maximum penalties for DUI (these are in addition to the penalties in the civil proceeding):
First-time DUI: 180 days in jail, 2 years probation, $1,000.00 fine, 180 day driver's license suspension.
First "Excessive DUI" (0.20 or higher): 1 year in jail, 2 years probation, $2,000.00 fine, 1 year driver's license suspension.
Second DUI in ten years: 1 year in jail, 2 years probation, $2,000.00 fine, 1 year driver's license suspension.
Second "Excessive DUI" in 10 years: 5 years in prison, $5,000.00 fine, 5 year driver's license suspension.
Third DUI in ten years/Felony DUI: 10 years in prison, $5,000.00 fine, 5 year driver's license suspension.
Please note that in addition to the penalties outlined above, other factors or charges specific to your case may result in additional penalties. This website is attorney advertising material and is for informational purposes only. Nothing herein constitutes legal advice nor should be relied upon as such. The particular facts of your case should be reviewed by competent legal counsel.
