What Are Your Legal Options If Arrested for DUI in Boise?

What is a DUI?

In the state of Idaho, if you are found to have a blood alcohol content, also known as a BAC, or 0.08%, while you are operating a vehicle or under the influence of drugs, you will be charged with a DUI. A DUI, also known as driving under the influence, is a serious charge with lasting effects on your personal and professional life.

In Idaho, you will be charged with a DUI if any of the following are true:

• You are operating a vehicle with a BAC of 0.08%
• You are operating a vehicle with a BAC of 0.02% and are under 21 years of age
• You are operating a commercial vehicle with a BAC of 0.04%
• You are operating a vehicle while under the influence of drugs

What are the Penalties for a DUI in Boise?

Boise, ID, has scaling DUI penalties that progress, getting more severe with each new DUI charge within ten years.

First DUI Conviction:

• Misdemeanor violation
• Up to 6 months in jail
• Up to $1,000 in fines
• License suspended for 90-180 days
• Mandatory installation of an ignition interlock device

Second DUI Conviction:

• Misdemeanor violation
• Up to 1 year in jail with a mandatory 10-day sentence
• Up to $2,000 in fines
• License suspended for a year after release with no driving privileges of any kind
• Mandatory installation of an ignition interlock device

Third DUI Conviction:

• Felony violation
• Up to 10 years in prison with a mandatory 30 day-sentence
• Up to $5,000 in fines
• Confinement.
• License suspended for up to five years with a one-year mandatory suspension starting after release from
• Mandatory installation of an ignition interlock device

Idaho has enhanced penalties for DUIs where the BAC of the driver was at 0.20% or greater and for aggravated DUIs.

• First Offense BAC 0.20% or Higher
• Misdemeanor violation
• Up to 1 year in jail with a mandatory 10-day sentence
• License suspended for a minimum of 1 year after release from confinement with no driving privileges of any kind.

Second Offense BAC 0.20% or Higher within five years

• Felony violation
• Up to 5 years in prison with a mandatory 30-day sentence in county jail
• Up to $5,000 in fines
• License suspended for up to 5 years with a minimum one-year suspension starting after release from confinement
• with no driving privileges of any kind
  Mandatory installation of an ignition interlock device

You could be charged with an aggravated DUI if you cause an injury to another person as a result of driving while under the influence. Jail or prison time, fines, and suspension of driving privileges are all enhanced in this case.

What Should You Do If You Are Stopped For A Suspected DUI?

Being pulled over for any reason is stressful, but being pulled over and accused of driving while under the influence is an entirely different kind of fear. Just being arrested for a DUI can have negative impacts on your life before a conviction even happens.

If you are pulled over and the police start asking questions indicating they suspect you of driving under the influence, then our advice is largely the same as any other time you may interact with law enforcement.

Remember to be polite. Comply with all of the orders the officer gives you. Do not offer more information than necessary. Remember that even if you have not been arrested, you have the right to remain silent. It is always advised that you exercise this right freely when dealing with the police.

The officer may request you exit your vehicle and perform standardized field sobriety tests (SFSTs). SFSTs are divided attention tests designed to indicate whether you are impaired. Even if you are entirely sure you will fail a field sobriety test, comply with all of the officer’s orders. If, after these tests, the officer still has reason to believe you are intoxicated, they may ask you to take a breathalyzer test.

A breathalyzer test is a form of mobile testing that measures an individual’s BAC, usually by blowing into a small tube attached to a mobile device called a Lifeloc FC-20. Depending on the result displayed, the officer may decide to place you under arrest for Driving Under the Influence.

While it may feel like the choices you make after being placed under arrest will not matter, remember to comply with the orders of the officer. Do not provide additional or unnecessary information. At this moment, you may feel overwhelmed and discouraged, but remember that there is a court process that may provide relief. Allow the process to work.

The first opportunity you have, usually after the booking process, you should speak with your attorney. Explain your situation and follow their advice. This is the beginning of your defense.

The most common way a DUI charge is dismissed or downgraded is usually due to a violation of constitutional rights or a procedural error by law enforcement.

Ensuring that your rights are protected is our top priority. Call (208) 584-2590 today to speak with an experienced DUI attorney.