Driving while intoxicated (DWI), operating a vehicle under the influence (OVI), or driving under the influence (DUI) are all ways to describe the same thing: intoxicated driving. Intoxication may be the result of alcohol or another chemical substance (e.g., marijuana) or both. To be a criminal offense in Idaho, your blood alcohol content must be at or above the legal limit, you have an illegal chemical substance in your system, or your driving abilities were otherwise impaired.
In Idaho, there are many arrests made daily for intoxicated driving. Those arrested are often people like you and me: law-abiding citizens. At Long Law Office, DUI defense lawyer Cody Long works hard to help you beat a DUI charge or to, at a minimum, get the best possible outcome in your unique situation. Contact us at (208) 287-3303 to learn more about how we will help you. In the meantime, here are some of the most commonly asked questions we get from our clients when we first meet them about their intoxicated driving charge.
What is “blood alcohol content” level?
Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle.
Can I refuse a breathalyzer test in Idaho?
Yes and no. You can refuse a breathalyzer test but refusal carries with it significant consequences. Those consequences include:
- Any DUI penalties that you might receive will likely be increased.
- You would, in most cases, still face a DUI charge based on other criteria, such as field sobriety test results, witness testimony, and the police officer's observations.
- You may be fined.
- You can lose your license for a solid year without any opportunity for restricted driving privileges of any kind.
- The police can get a warrant to have your blood drawn and blood tests are more reliable than breath tests.
What are standardized field sobriety tests (FSTs)?
Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.
There are three standardized FSTs:
- the Horizontal Gaze Nystagmus Test (HGN test)
- the One-Leg Stand Test (OLS test)
- the Walk-and-Turn Test
The results of these tests may be used as evidence against you in a DUI/intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence.
Non-standardized FSTs include:
- finger to nose test
- the finger count test
- the hand pat test
- the alphabet test
- the reverse counting test
- the coin pickup test
Can I refuse field sobriety tests in Idaho?
Yes. A refusal to complete a field sobriety test typically does not carry the same serious repercussions as refusing a breathalyzer test.
After a DUI arrest in Idaho, will my driver's license be suspended or revoked?
There are two different types of suspensions. The first is a civil suspension for either refusing a breathalyzer or have a BAC over a certain level. This means you can lose your driving privileges even when you have not been found guilty of driving under the influence. A first offense DUI suspension through the Idaho Transportation Department is 90 days. A second offense DUI suspension through the Idaho Transportation Department is one year.
The other type of suspension occurs when you are convicted of a DUI. The length of the suspension depends on your BAC level and if you've had any prior DUIs in the past 10 years. A first offense suspension is for up to 180 days. A second offense or "excessive" DUI suspension is for 1 year with no driving privileges whatsoever.
What happens after a drunk driving arrest in Idaho?
If you are arrested for drunk driving, what happens next depends on the facts and circumstances. It's important to know that DUI arrests result in two processes after an arrest: (1) the administrative hearing, which results in civil penalties, like driver's license suspension; and (2) the criminal process, which can result in a conviction in the absence of a strong DUI defense. A conviction can lead to fines, driver's license suspension/revocation, imprisonment, ignition interlock device (IID) installation, probation, and other penalties.
Can I still get auto insurance in Idaho after a drunk driving conviction?
Your ability to obtain or maintain auto insurance after a drunk driving conviction depends on whether it was your first conviction. You will likely find insurance after a first conviction, although your rates will increase significantly.
Note, however, that even if you have been convicted of only one drunk driving offense, you will still be required to obtain SR-22 insurance. SR-22 is a certificate of financial responsibility required by law. This form is not insurance, but rather proof that your auto insurance policy meets the minimum liability coverage required by state law.
Can I beat a drunk driving charge in Idaho?
It is possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, blood tests, and urine tests. Understanding the latter tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.
Aside from errors or unreliable test results, an alleged DUI offender may have had their constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.
You will need a drunk driving defense attorney to help you beat an intoxicated driving charge. These cases can be highly technical and legally complex.
Can I just plead guilty to drunk driving?
You can plead guilty, but the real question is whether you should and when. It would be a mistake to plead guilty immediately, especially without the counsel of a DUI lawyer in Idaho, and there are multiple reasons for this.
- If you plead guilty immediately, you lose any opportunity to fight the DUI charge.
- If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances. Admittedly, a plea deal means you would plead guilty, but the process can render a better outcome than an immediate plea of guilty. Sometimes, you may be able to plead down to a lesser offense if the evidence against you is weak.
- The sentencing is often harsher when pleading guilty immediately, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.
If it's your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight the charge or enter plea negotiations before pleading guilty, you'll likely have a worse outcome.
Do I need a drunk driving lawyer in Idaho to win my DUI case?
If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. The law can be complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. Most alleged DUI offenders do not have that kind of knowledge and skills.
How Much Does a DUI Defense Lawyer Cost?
There are a lot of factors to consider when determining the cost of a defense lawyer, like:
- The experience of the lawyer
- Whether you take a plea deal
- Whether you go to trial
- The costs of the experts if you go to trial
- More
Most lawyers in Idaho charge flat fees (rather than hourly). Sometimes lawyers do a mix of the two. For example, a lawyer might charge a flat fee up to a certain point and then charge hourly if the client decides to take their case to trial.
There's an old saying that "good lawyers aren't cheap and cheap lawyers aren't good." The minimum fee that most good lawyers charge for a misdemeanor first-offense DUI is $3,000.00 or more, depending on the complexity of the case, excluding out-of-pocket expenses, such as experts or preparation of exhibits. A misdemeanor second offense DUI or an "excessive" DUI would typically cost more--at least $3,500.00. Bear in mind, if there are additional charges and/or if the case isn't dismissed or resolved via a plea agreement and the case goes to trial, you can expect the fees to increase.
Contact Idaho DUI Defense Attorney Cody Long Today
At Long Law Office, we know the law and the technical, scientific make-up of field sobriety tests, blood tests, breath tests, and urine tests. We also know how to identify and proactively address any constitutional rights violations to benefit your case. Contact DUI defense lawyer Cody Long in Idaho today at (208) 287-3303 to schedule a phone call or office visit and get honest advice on your best legal options.