Idaho Criminal Attorney Discusses DUI

Years and years ago just after prohibition had been repealed a new product came out onto the market. It was known as Geritol. Geritol promised a new vibrancy for beleaguered housewives and those frazzled business men; more energy, more stamina, more gusto. While some called it "snake oil", Geritol was so popular because those people who used it knew it worked. Well it turns out that the original Geritol did work. It worked so well because it contained alcohol so, yes indeed, those aggravated souls were more relaxed and depending upon how much they used, they lost their inhibitions. They thought it was harmless. They thought it was medicinal.

As an Idaho Criminal Attorney I can tell you that in criminal law cases today we are witnessing many similarities to Geritol use which is rapidly turning into everyone's nightmare; DUI. The Mojito or the glass of red wine is the modern day Geritol. We relax after work with our beverage of choice, which is fine, but many people think that that one or two Mojitos or one or two glasses of wine aren't enough to impair their driving.

Then it happens, you return from an evening of Mojitos and relaxing company with friends and you get pulled over. Now what?

DUI in Idaho carries the following penalties for a first time offense:
- Up to a $1000 fine
- Anywhere from 2 days to 6 months in jail
- up to a 180 day license suspension with 30 days of that being absolute and
with the remaining suspension being restricted
- An alcohol evaluation
- Victim's panel
- Up to 2 years probation

DUI is a serious offense. There are actually two license suspensions involved with a DUI. Your driving privileges will be suspended not only if you are convicted of a DUI (suspended by the court) but also upon your arrest (by the Department of Transportation). You have 7 days from the date of your arrest to request an administrative hearing with the Idaho Department of Transportation if you wish to challenge this license suspension. If you don't do this or if you lose at the hearing your license will be suspended for 90 days. If you are convicted of a DUI you will get an additional 90 day license suspension. In Ada and Canyon Counties the court will allow these suspensions to run concurrently. You can also petition the court for a restricted license after the first 30 days of your license suspension.

As an Idaho Criminal Attorney I see people miss this deadline all of the time. While you may not prevail (usually because of the extent of the evidence against you), why would you not want to take the option to challenge your license suspension?

Just remember, DUI can happen to anyone. Just like the Geritol took people by surprise because of its alcohol content, medicinal Mojito drinkers could get the same surprise.

For more information about DUI and Criminal Law please visit us on the web at www.lawboiseid.com