You Have Been Pulled Over And Asked To Perform Field Sobriety Tests Then Blow Into A Machine. You are Told You're Results Support Your Arrest. You're “Cuffed and Stuffed” Into The Back Of The Police Car. You're Given A “Notice Of Administrative License Suspension.” The 7-Day Clock To Save Your License Is Ticking. You Are Facing Jail, Potential Loss of Professional Licenses, Maybe Even Your Job. What Do You Do Now?
MY PROMISE TO MY CLIENTS ACCUSED OF DUI:
As your legal counsel, I 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
Many individuals believe that drunk driving is only a criminal matter. In fact, they are only half right. A single charge of Driving Under the Influence (DUI) involves criminal charges and an administrative hearing before the Idaho Transportation Department to determine whether your driver's license will be suspended. You may have your license suspended in one proceeding but not in the other:
Administrative License Suspensions (ALS)
Upon arrest for DUI, you will be given a “Notice of Suspension” of your driver's license. According to the “Notice of Suspension,” and Idaho law, you have seven days to make a written request for a hearing during which you may prove your license should not be suspended by the Idaho Department of Transportation. If you do not prevail at the hearing, or if you do not request a hearing, your license will be suspended. It is very important that you act quickly to prevent this from happening. Hire a lawyer now.
If you are found guilty of DUI in criminal court, you will be sentenced to pay heavy fines. You may be forced to spend time in jail, attend alcohol meetings, perform community service, install an alcohol interlock device on your car (at your own expense), and you may be placed on probation. Sounds scary, right? We can help you through this process to either negotiate a favorable offer or take the case to trial and hold the government to its burden of proof.
In addition, if you are found to have blood alcohol content over .20, if you are facing your 3rd DUI in ten years, or if you caused an injury while driving while under the influence of alcohol or drugs, you will be charged with felony DUI. Felony DUI charges carry very serious penalties — including a year or more in prison.
For a list of my DUI fee options, click here.
Contact us so we can guide you through this potentially life-changing process.