Frequently Asked Questions to a Boise DUI Lawyer

As a Boise DUI lawyer who's been representing clients in Idaho courts for over seventeen years, I routinely get the same questions. Some of them you already know the answers to. Just in case, here are the most common questions:

1. What is the legal limit for blood alcohol concentration (BAC) in Idaho? The legal limit for BAC in Idaho for drivers over 21 is 0.08. For drivers under 21, the legal limit is 0.02. More precisely, at 0.08, you are not legal to drive. For drivers under 21, at 0.02, you are not legal to drive.

2. What are the penalties for a first-time DUI offense in Idaho? A first offense can result in up to 6 months in jail, a fine of up to $1,000, a driver's license suspension of up to 180 days, mandatory installation of an ignition interlock, and alcohol-related treatment or classes.

3. How long will a DUI conviction stay on my record in Idaho? A DUI conviction stays on your driving record in Idaho for 3 years and on your criminal record indefinitely.

4. Can I refuse to take a breathalyzer or blood test? Idaho has an "implied consent" law, which means that if you are lawfully arrested by an officer who has probable cause to believe you've been driving under the influence, then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your BAC or drug content. Refusing to take a test may result in penalties, including a more severe license suspension than if you took the test and failed.

5. What is an SR-22 and will I need one after a DUI conviction? An SR-22 is a vehicle liability insurance document required for high-risk insurance policies. In Idaho, you'll need to maintain an SR-22 for three years following a DUI conviction.

6. Will I lose my job because of a DUI? This depends on your employer's policies and the nature of your job. Some employers may terminate employment based on a DUI conviction, especially if the job involves driving.

7. Will a DUI affect my car insurance rates? Yes, a DUI conviction typically leads to higher car insurance premiums.

8. What is the difference between a misdemeanor and a felony DUI? In Idaho, a first or second DUI within 10 years is typically charged as a misdemeanor. A third DUI within 10 years, or a DUI that causes injury or death to another person, may be charged as a felony.

9. Can I fight a DUI charge? Yes, with the help of a good Boise DUI lawyer, you can challenge the DUI charge. Defenses may involve questioning the legality of the stop, the accuracy of the breathalyzer, and more.

10. Can a DUI conviction be expunged from my record? Idaho does not allow expungement of DUI convictions. However, in certain cases, you may be eligible for a withheld judgment or a case dismissal.

11. Will I have to attend alcohol education or treatment programs? Yes, for a first-time DUI offense, you will likely have to complete a state-approved alcohol education program.

12. Can I drive after a DUI arrest but before a conviction? You most likely will face an automatic license suspension through the Idaho Transportation Department 30 days after your arrest. If you refused an evidentiary test, the suspension may be sooner. You might be eligible for a temporary restricted license if you did not refuse the test.

13. What is the cost of a DUI? Additional costs depend on the severity of the charge and typically range from $1,000 to $5,000.00 Other costs may include increased insurance premiums, attorney's fees, court costs, costs for alcohol education classes, and potential loss of income.

14. What are the penalties for a second or third DUI offense? Penalties increase with each subsequent DUI offense within a ten-year period, including mandatory jail time, longer jail terms, higher fines, longer license suspension periods, mandatory installation of an ignition interlock device, and potentially being charged with a felony.

15. What's an ignition interlock device? An ignition interlock device is a breathalyzer for your vehicle. It requires the driver to blow into a mouthpiece before starting the vehicle.

16. What happens if I'm charged with a DUI while under 21? If you're under 21, Idaho law has a "zero tolerance" policy. This means if you have a BAC of 0.02 or higher, you can be charged with a DUI.

17. What happens if I'm charged with a DUI while a child was in the car? If you are charged with a DUI while a child in the vehicle, you may face enhanced penalties and an injury to child charge for each child in the car, whether or not there was an actual injury.

18. Will a DUI affect my custody or visitation rights? A DUI conviction could potentially impact custody or visitation rights, particularly if it demonstrates a pattern of irresponsible behavior.

19. What should I do if I'm charged with a DUI? If you're charged with a DUI, call Boise DUI Lawyer Cody Long at Long Law Office. With over 17 years of experience, he has the knowledge and skill to develop a strategy for your case.