Boise DUI Lawyers - Boise Criminal Lawyers - DUI, Felony, Misdemeanor and Minors

Boise DUI Lawyers Attorneys, Boise Criminal Defense Lawyer Attorney, call for a free consultation, (208) 472-2383, DUI, DWP, Misdemeanor, Felony, Excessive, Minor Consumption, Criminal Defense

Boise DUI Lawyers defend individuals charged with DUI on a daily basis. A rising statistic effecting Boise DUI Lawyers is the number of underage individuals not only in possession of alcohol, but charged with Minor DUI.

What is the penalty for a DUI when the driver is under the age of 21? The Idaho Code says that it is unlawful for anyone under the age of 21 to operate a motor vehicle with an blood alcohol concentration of .02 or greater. The bad news for underage drinking and driving is whereas someone over the age of 21 cannot be charged with a DUI unless they have a BAC of .08, a minor can be charged with a DUI for a BAC of .02 or greater

If a minor has a BAC of .08 or more, the penalty is the same as for an adult. What Boise DUI Lawyers are seeing more of is when the minor has been arrested for a DUI and their BAC is between ,02 and .08. A first time minor DUI is a misdemeanor and carries a fine of $1,000. The minor must be notified in writing at the conviction of the DUI of the penalty that will be imposed if the minor receives another DUI. They are also ordered to have an alcohol evaluation. In addition, they will receive a mandatory 1 year license suspension with 90 days of absolute suspension where no restricted driving privileges will be granted.

Another area where Boise DUI Lawyers are seeing an increase is second minor DUI. The penalty for second time minor DUI is a minimum of 5 days, but no more than 30 days in jail, a fine of at least $500 but no more than $2,000, a 2 year license suspension with 1 year absolute, to be ordered to an alcohol evaluation, to be advised in writing of penalties for a subsequent DUI and required to use a functioning ignition interlock device.

No Boise DUI Lawyer wants to see it but there are actually cases of third time minor DUI. The penalty for third time minor DUI is the same as a second time except that the jail time is increased to a minimum of 10 days, but no more that 30 days, the fine minimum is increased to $1,000 and the license suspension is absolute for 1 year and no restricted privileges are granted until they turn 21.

If you have been charged with a DUI and you need to speak to a Boise DUI Lawyer or have a DUI and additional crimes and need to speak to a Boise Criminal Lawyer, please call (208) 472-2383.

Boise DUI Lawyer Discusses Felony DUI and Personal Injury

Today's paper outlined a felony DUI accident which occurred in Boise on Tuesday. The driver blew a .224 and had a previous DUI in 2009. She was also cited for DWP. She was charged with a felony DUI because this is her second DUI within 5 years and she had a BAC of greater than .2. A BAC of .2 or greater is considered an excessive DUI. She undoubtedly lost her driving privileges as a result of her 2009 DUI conviction and, because she was driving on a suspended license, was charged also with a DWP.

What penalty is she potentially facing? A second time excessive DUI is a felony and carries a mandatory minimum of 30 days in jail but up to 5 years in prison. The person convicted of a felony DUI can also be fined up to $5,000 and be required to use a motor vehicle equipped with functioning ignition interlock system. In addition they must surrender their license and it will be suspended for a minimum of 1 year but no more than 5 years beginning upon their release from incarceration.

In addition to the DUI penalty she faces additional criminal penalties associated with the DWP. DWP carries a penalty of up to 6 months in jail, but with a mandatory minimum of 2 days, up to a $1,000 fine, and an additional license suspension of 6 months tacked onto the original suspension and beginning once the original suspension would have been ended.

This is a tough penalty but as a Boise lawyer I can tell you that if the driver she hit suffered a personal injury, in addition to felony criminal charges, she also could be sued for any personal injury surrounding the automobile accident.

Personal injury is a civil liability case but a Personal injury attorney can use the evidence of the DUI against the driver. Personal injury lawyers use evidence offered in DUI convictions to show that the automobile accident occurred as a result of DUI. The state's lawyers, the prosecuting attorneys, use the evidence collected by the police to convict a person of a DUI, whereas personal injury attorneys use the evidence to get a civil judgment.

Boise DUI Lawyer Talks About Holiday DUI

As a Boise DUI Lawyer I see a rise in DUI this time of year. There are a couple of reasons for this. Obviously, the holidays bring more partying and the result is more intoxicated drivers on the roads in Idaho. The other reason is that the police in Idaho are more actively looking for intoxicated drivers. Along with an increase in DUI there is a corresponding increase in DWP. The reason for this is that once you receive a DUI you will have your license suspended. The number of repeat DUI also increases during the holiday. If you have previously had a DUI and you have a suspended license and you drive, if you are pulled over for any driving offense, you will get a DWP in addition to your DUI.

Play it safe and designate a driver. If you get a DUI or DWP, call the experts at Kershisnik Law, (208) 472-2383 or visit us on the web at www.lawboiseid.com