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Boise DUI Attorney Cody Long of Long Law Office, PLLC

CODY LONG: YOUR TRUSTED IDAHO ATTORNEY

 

Experience Matters:

18+ Years Representing Clients in

Idaho Courts

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My name is Cody Long. If you're on this page, it's probably because you've been charged with a DUI. You've come to the right place. I primarily focus on DUI defense and I am good at what I do.

 

You Should Hire Me And Here’s Why: Experience Matters

I have been a trial attorney for over 18 years and have won awards recognizing my skills and abilities, year after year. National Trial Lawyers continues to recognize me as having the knowledge, skill, and experience held by only the best and finest lawyers in America. AIDA consistently ranks me in the top ten for client satisfaction.

The DUI deck is stacked against you and DUI laws are not written in your favor. You're facing real legal consequences. The cold hard truth is this: prosecutors and judges are tougher than ever on DUIs. In the types of cases that would have resulted in community service just a few years ago, people are now going to jail.

First Offense DUI

Second Offense DUI

Excessive DUI

Third Offense (Felony) DUI

Prosecutors and judges take DUIs seriously, so I’ll take your case seriously. Sure, I can tell you what you want to hear, but I'd rather tell you the truth. If it's sunshine and roses, great. If it's not, I'll tell you and then we’ll put a plan together to get you through this.

What does my experience mean? It means that I know the law, the judges, and the prosecutors and can tell you what to expect and prepare you for court. I’ll put my experience to work for you to make the best of a bad situation, whether through plea bargaining or taking your case to trial.

At Long Law Office, PLLC, we understand that navigating the legal landscape can be daunting, especially when it comes to DUI laws. In Idaho, the consequences of driving under the influence can be severe, even for first-time offenders. Below is a brief overview of what constitutes a DUI in Idaho and the penalties associated with various DUI charges.

What Constitutes a DUI in Idaho?

In Idaho, you can be charged with a DUI if you operate a motor vehicle:

  1. With a blood alcohol content (BAC) of 0.08 or higher: If you're 21 years of age or older, driving with a BAC of 0.08 or more can result in a DUI charge. For those under 21, the threshold is much lower at 0.02.

  2. While under the influence of alcohol, drugs, or any intoxicating substance: Even if your BAC is below the legal limit, you can still face DUI charges if your ability to drive has been impaired due to the consumption of alcohol, drugs, or any other intoxicating substance.

“Operating a motor vehicle” does not mean that the vehicle must be in motion. If you were in the driver’s seat with the engine running and had a BAC over the legal limit, you can be charged. This means even if you were parked and asleep with the engine running to keep warm, you can be charged with a DUI if your BAC was 0.08 or higher.

Penalties for a First Offense DUI in Idaho

A DUI charge, whether it's charged as a misdemeanor or a felony, is a serious charge, especially in Idaho where even a first offense can carry significant consequences. For a first-time DUI conviction:

  • Jail Time: You could face up to six months in jail.

  • Fines: Fines can range up to $1,000 plus court costs of $202.50.

  • License Suspension: Your driver's license could be suspended for up to 180 days. There is also a mandatory ignition interlock device requirement at your expense.

  • Substance Abuse Evaluation: You may be required to undergo a substance abuse evaluation, treatment, and attend a Mothers Against Drunk Drivers victim panel or complete other educational programs.

  • Probation: You could face up to two years of probation.

Second Offense DUI in Idaho

In Idaho, a DUI becomes a second offense if the driver is arrested for driving under the influence within ten years of their previous DUI conviction. This classification is pivotal as it indicates to the prosecutor and the judge not only the reoccurrence of the offense but also the failure of the offender to grasp the severity of their previous actions.

Statutory Penalties for a Second Offense DUI in Idaho

For those facing a second DUI conviction in Idaho, it's essential to be aware of statutory penalties:

  • Mandatory Jail Time: An offender can be sentenced from a minimum of five to ten days in jail and up to one year in the county jail.

  • Fines: Individuals can expect to pay a fine of up to $2,000.00 plus court costs of $202.50.

  • License Suspension: A second DUI conviction will result in a mandatory suspension of driving privileges for a period of one year with no driving privileges whatsoever. Not for work, not for any reason. After this period, driving may be restricted to the use of an ignition interlock device.

  • Alcohol Evaluation: Offenders will be required to undergo an alcohol evaluation and comply with any recommended treatment or education.

  • Probation: Most people convicted of a second offense DUI are placed on two years of supervised probation which comes with conditions such as mandatory alcohol education, testing for alcohol and drug use, and treatment programs. Supervised probation means that you will need to check in regularly with a probation officer, follow their orders, and be subject to random searches of your home.

  • SR-22 Insurance: Convicted individuals will need to provide proof of SR-22 insurance for three years post-conviction.

It's crucial to understand that these are statutory penalties, and judges have discretion in how they're applied. They often consider the circumstances surrounding the offense and any aggravating or mitigating factors.

These penalties not only have immediate consequences but can also have long-term impacts on your professional and personal life.

Excessive DUIs

In the state of Idaho, an excessive DUI is a serious offense. It occurs when an individual operates a motor vehicle with a blood alcohol concentration (BAC) of 0.20 or higher. This BAC threshold is notably higher than the standard 0.08 limit for regular DUIs, making excessive DUIs particularly serious.

Facing an excessive DUI charge in Idaho can lead to severe penalties:

  • Mandatory Jail Time: If convicted, you could be sentenced to up to 1 year in jail, with a mandatory minimum of 10 days for your first offense.

  • Fines: Up to $2,000 plus court costs for your first excessive DUI conviction.

  • License Suspension: Your driver's license will be suspended for 1 year with no restricted privileges whatsoever. This means that you will not have privileges to drive to work or anywhere else.

  • Ignition Interlock Device: All DUI convictions require an ignition interlock to be installed in your vehicle when your license is reinstated. To start your vehicle, you will need to blow into this alcohol detection system. If alcohol is detected, the car will not start, and you may face a probation violation.

  • Probation: Up to two years of probation, which comes with conditions such as mandatory alcohol education, testing for alcohol and drug use, and treatment programs. Probation for excessive DUIs is often supervised, meaning you will need to check in regularly with a probation officer, follow their orders, and be subject to random searches of your home.

  • Vehicle Impoundment: Your vehicle may be impounded, incurring additional costs.

  • Criminal Record: A conviction will result in a criminal record, which can have long-lasting consequences on your life.

  • Treatment: You will be required to submit to a substance abuse evaluation, which is a report that goes to the judge informing her of any treatment the evaluator believes you need. The judge incorporates those recommendations into your sentence.

Second Excessive DUI

A second excessive DUI in Idaho within five years is a felony and comes with even harsher penalties:

  • Jail Time: Up to 5 years in prison, with a mandatory minimum sentence of 30 days. For a third offense, the penalties escalate further.

  • Fines: Up to $5,000 for second and third offenses.

  • License Revocation: Your driver's license will be revoked for up to five years followed by an ignition interlock requirement.

  • Probation: Probation conditions become even more stringent for subsequent offenses, focusing on rehabilitation and monitoring.

  • Felony Conviction: Second and third offenses are classified as felonies, leading to a felony record with lasting repercussions.

Third Offense (Felony) DUI

What Constitutes a Third-Offense (Felony) DUI in Idaho?
In the state of Idaho, a DUI becomes categorized as a third offense if the driver has two prior DUI convictions within the last ten years. This ten-year window, often referred to as the "look-back period," is pivotal in
determining the gravity and classification of the DUI offense.


Penalties for a Third Offense DUI
A third offense DUI in Idaho isn't just another mark on your record; it's classified as a felony. This classification bears significant weight and consequences that go beyond jail time.

  • Mandatory Jail Time: At a minimum, an offender will be sentenced to at least thirty days of incarceration. 

    In practice, the average jail time is much longer. The maximum prison time is ten years.

  • Fines: Individuals can expect to pay a fine up to $5,000.00.

  • License Suspension: A felony DUI conviction will result in a mandatory suspension of driving privileges of up to five years. After this period, driving may be restricted to the use of an ignition interlock device.

  • Presentence Investigation: Anyone convicted of a felony DUI must go through a presentence investigation.

  • Probation: Most people convicted of a felony DUI are placed on supervised probation or parole when they get out of custody, which comes with conditions such as mandatory alcohol or alcohol treatment and testing for alcohol and drug use. You would need to check in regularly with a probation or parole officer, follow their orders, and be subject to random searches of your home.5.    

  • SR-22 Insurance: Convicted individuals will need to provide proof of SR-22 insurance for three years after they get their driver’s license back.


The penalties don't stop there. Felony convictions come with the loss of numerous constitutional rights. Among these are the right to vote, the right to bear arms, and certain employment rights. Such losses can profoundly impact one's life, reshaping their societal standing and future prospects.


Why such severe repercussions? A third offense underscores a repeated pattern of behavior. This habitual nature suggests the driver hasn't heeded the lessons from previous convictions. Beyond just violating the law, driving under the influence repeatedly demonstrates potential indifference to fellow citizens' well-being. Given the inherent perils of intoxicated driving, such repeated offenses signal an undeniable risk to public safety.


In Idaho, judges don't merely perceive these recurring offenses as simple misjudgments. They view them as choices that jeopardize countless lives on Idaho's streets and highways. Consequently, third offense DUIs are treated with unmatched gravity.

With Any DUI Charge, You Must Act Quickly

The prosecutor is already preparing the case against you and you only have seven days from your Notice of Suspension or refusal date to challenge your automatic license suspension. 

Call me to level the playing field. Your first consultation is free. If I’m available, my assistant will transfer you to me, wherever I am. If I’m not available, I’ll call you back as soon as possible. If you want to meet in person, please let my assistant know.

One last thing, I'm not just a Boise DUI Lawyer. I'm a Nampa DUI Lawyer. I'm a Meridian DUI Lawyer. I'm an Idaho City DUI Lawyer. I'm a McCall DUI Lawyer. I'm an Eagle DUI Lawyer. If you're facing DUI charges anywhere in southwest Idaho, I should be your DUI lawyer.

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Criminal Law Practice Area

Criminal Law

DUI Practice Area

DUI - Driving Under the Influence

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