You've never had an encounter with the police, let alone been handcuffed and put in the back of a police car (“cuffed and stuffed”) while people drive by gawking. You don't know what to do or where to turn. You need someone who knows the legal landscape of the DUI law in Idaho. You have been arrested and accused of DUI in Idaho.
MISDEMEANOR DUI FEES:
FLAT FEE OPTION
Some people want the security of a “flat fee” meaning the total amount they will pay is assured and fixed. Of course, if there is a need to hire expert witnesses, those costs will be in addition to the flat fee but will be discussed prior to retaining the expert. In this type of arrangement, the fee is fixed and no refunds are offered.
- Initial Flat Fee for a Misdemeanor DUI defense matter: $3,000 – $4000 (depending on location)
- Additional Flat Fee for Trial: $3,500 – $4,500 (depending on location)
HOURLY FEE OPTION
Some people do not want a flat fee and believe they are better served by an hourly fee arrangement. In this type of fee arrangement, an “Evergreen Retainer” is required. Attorney fees and costs are billed against the balance of the retainer on a monthly basis. What makes the retainer “Evergreen” is the fact that if/when it drops below a certain balance, there is a requirement for you to deposit additional monies into trust to restore the retainer to its original balance. In this type of arrangement, whatever funds are not earned by me are returned at the conclusion of my representation.
- Misdemeanor DUI defense Evergreen Retainer amount: $3,000 – $4,000 (depending on location)
- Evergreen Retainer “floor” (balance at which retainer must be replenished): $1,500
We know our fees are not cheap. But the cost of a DUI conviction on you, your family, and your livelihood can be substantially and significantly more.
Let me explain the value you receive for the flat fees listed above:
OUR PROMISE TO OUR CLIENTS ACCUSED OF DUI:
As your legal counsel, WE PROMISE TO:
- Fully and completely explain the processes of what happens when you get charged with DUI in Idaho, including the fact that there are two (2) separate proceedings;
- Obtain all evidence the state has to support its claim of DUI;
- Carefully review the evidence to ensure:
- The initial traffic stop was constitutionally sound and was not improperly prolonged or extended
- The Standardized Field Sobriety Tests (SFSTs) were done correctly and in a standardized manner as required to be valid
- Any Breath Alcohol Concentration (BrAC) test was performed on a certified device, by a qualified law enforcement officer, in the correct manner
- Any Blood Alcohol Concentration (BAC) test was obtained pursuant to constitutional protections and using proper policies and procedures to ensure an accurate result
- Fully and completely explain the results of my analysis of all of the evidence and my conclusion(s) about how to best attack the evidence should the matter proceed to trial
- Be fully and completely prepared to engage in productive plea negotiations with the government with an eye toward getting the best possible negotiated outcome
- Fully and frankly discuss any offer of settlement (plea offer) made by the prosecutor in light of the strengths/weaknesses in the government's case so an informed decision is possible
- Be fully and completely prepared to engage in pre-trial litigation (motion(s) to suppress and motion(s) in limine) to limit the government's ability to prove guilt beyond a reasonable doubt
- Be fully and completely prepared to select a constitutionally-sound jury
- Do all that is necessary and proper to zealously represent my client and ensure the prosecutor is held to his burden of proof beyond a reasonable doubt every step of the way
- Be prepared to argue for the lowest possible sentence in the event of a guilty verdict
DETAILS OF OUR PROMISES TO OUR DUI CLIENTS:
1. Anyone accused of DUI in Idaho who makes us part of their team gets a law firm that will guide them through the process and explain it so that they can understand it. For example, many people don't know there are two separate “cases” involving the potential suspension of their driver's license. That's right – 2 separate “cases.” The Idaho Department of Transportation (ITD) driver's license suspension case and the court case. The ITD case has an extremely short timeline (7 days from the service of the “Notice of Administrative License Suspension”); the court case takes much longer (months).
2. Anyone accused of DUI in Idaho who makes us part of their team gets a law firm that will ensure all of the evidence against him or her is obtained from the government. In a DUI case, the evidence typically consists of: (1) police reports; (2) Computer Assisted Dispatch (CAD) logs; (3) dash cam video showing my client's driving pattern; (4) body cam video and/or audio of law enforcement's interaction with my client; (5) results of any roadside Standardized Field Sobriety Tests (SFSTs); (6) results of any analysis of my client's “Breath Alcohol Concentration” or BrAC; and (7) results of any Blood Alcohol Concentration (BAC) measured after my client's blood has been obtained by law enforcement (either voluntarily or via a warrant).
3. Anyone accused of DUI in Idaho who who makes us part of their team gets a law firm that carefully and meticulously reviews the discovery with an eye toward ensuring all proper constitutional requirements were followed in from law enforcement's first contact to arrest. This is because, if the vehicle stop is “bad,” or does not comply with the constitutional requirement necessary for the stop, all the evidence against you may be subject to “suppression” (kept out of court). Additionally, if the stop was “prolonged” improperly, even though it may have been a “good” stop at the start, it can be found to have turned “bad” and the evidence gathered after the stop went “bad” is also subject to “suppression.” In these circumstances, the government may not be able to use the evidence against my client.
4. Any accused of DUI in Idaho who who makes us part of their team gets a law firm that carefully and meticulously reviews the discovery with a eye toward ensuring law enforcement followed the National Highway Transportation Safety Administration (NHTSA) and the Idaho State Police (ISP) requirements for performing the SFSTs. There are numerous requirements the police must follow when they have someone perform field sobriety tests. If those requirements are not followed, the tests are not “Standardized” at all. If that's the case, the evidence of the results of one or all of the SFSTs may be excluded from evidence at trial.
5. Any person accused of DUI in Idaho who who makes us part of their team gets a law firm that carefully and meticulously reviews the results of any BrAC test. This means getting: (1) the manufacturers's documentation for the particular device used; (2) the quality assurance logs maintained by law enforcement; (3) the law enforcement officer who administered the test was properly qualified to do so; and (4) all of the requirements for a valid BrAC sample were followed.
6. Any person accused of DUI in Idaho who makes us part of their team gets a law firm that carefully and meticulously reviews all the events surrounding the obtaining of a blood sample from you. This means ensuring: (1) consent, if any, was properly obtained; (2) if a warrant was issued, that the grounds for the warrant were proper and law enforcement didn't “leave anything out” when they applied for the warrant; (3) the proper procedures were followed to ensure the sample was not contaminated; and (4) ensure the proper procedures were followed in the testing and reporting of the results.
7. Any person accused of DUI in Idaho who makes us part of their team gets a law firm that takes the time to fully explain the evidence obtained from the government, our analysis of that evidence, and the best ways of attacking the evidence if the matter was to proceed to trial. This would include explaining the difference between a “motion to suppress evidence based on a constitutional violation” and a “motion in limine to exclude evidence from trial” because the proper legal requirements for that evidence cannot be met by the government.
8. Any person accused of DUI in Idaho who makes us part of their team gets a law firm that will be fully prepared to use the results of any evidentiary analysis to constructively engage in meaningful plea negotiations with the government with an eye toward the best possible negotiated outcome for you. The process of “plea negotiations” is a critical step in any case, including a DUI case. Some think the government's offer is “standardized” meaning, every alleged first-time DUI offender gets the same offer from the government. We don't believe in this “one-size-fist-all” version of plea negotiations. Instead, we'll will use each and every “chink in the armor” of the case against you to attempt to reach a negotiated settlement for my client.
9. Any person accused of DUI in Idaho who makes us part of their team gets a law firm that will fully and frankly discuss the benefits of any plea offer. It would be impossible for you to properly consider the prosecutor's offer of settlement (plea deal) without knowing the strengths and weaknesses of the government's case and the benefits being offered by the prosecutor to settle the case.
10. Any person accused of DUI in Idaho who makes us part of their team gets a law firm thatwill file all necessary and appropriate pre-trial motions (suppression and in limine) to make proving my your guilt beyond a reasonable doubt as difficult, if not impossible, for the government. Because of all the preparation and document review, we will be prepared to file any necessary and appropriate pre-trial motions on time.
11. Any person accused of DUI in Idaho who makes us part of their team gets a law firm that will be prepared to select the best jury for trial. This means being well read and practiced on the latest cutting-edge jury selection methods to ensure no juror who sits in judgment labors under a constitutionally recognized impairment which makes them ineligible to sit on my client's jury.
12. Any person accused of DUI in Idaho who makes us part of their team gets a law firm that will make certain the prosecutor is held to his or her burden of proof of beyond a reasonable doubt, on each and every essential element of the crime charged. We will be prepared to make all proper objections (although we may let some things “go” for tactical reasons). We will vigorously cross-examine all the state's witnesses. We will, at the end of the day, zealously represent my clients.
13. Any person accused of DUI in Idaho who makes us part of their team gets a law firm that will, in the event of a guilty verdict, be fully prepared to argue for the lowest possible sentence. We will not let our total belief in your innocence prevent us from fully and completely preparing for the possibility of a guilty verdict. If you are found guilty, we will be ready to argue for the lowest possible sentence so the impact on you is minimized as much as possible.
COSTS FOR DUI DEFENSE
As I said above: Our flat fee for a misdemeanor DUI defense matter is: $3,000 – $4000 (depending on location) if the matter settles before trial; if the matter proceeds to trial, there is an additional $3,500 – $4,500 flat fee (depending on location) for our work up to and including trial. We know it's not cheap. But the cost of a DUI allegation to you, your family, and your livelihood can be substantially and significantly more.
We are fully aware there are other attorneys who perform DUI defense in the Boise area specifically, and in Idaho in general, charge anywhere from $500 to $2,000. We're sure some of those attorneys do a very fine job for their clients. Because of the time we dedicate to each and every one of our client's cases, we simply must charge more. We are not attorneys who take cases with an eye toward settlement. We believe such a mindset leads to sub-par representation for DUI clients.
If you've read this far, ask yourself: How do you feel about the promises we've have made, in writing, to our DUI clients? Do they make you more or less comfortable with the critical selection of an attorney to guide you though the administrative license suspension and court processes?
The choice is yours: If you have been charged with DUI, we'd ask that you at least contact us so we can discuss your case. It would be an honor to guide you through the frightening and unfamiliar process that is a DUI charge in Idaho.