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Boise Divorce Attorney, Boise Criminal Lawyer, Boise Probate Attorney, Boise Personal Injury Lawyer, (208) 472-2383, for a free consultation, Divorce, Custody, Family Law, Criminal Defense, DUI, DWP, Probate, Wills, Estates and Trusts, Personal Injury.

What can the lawyers at Kershisnik Law do for you? Here is an overview of our attorney services:

Boise Divorce Attorney- Kershisnik Law's attorneys provide all family law legal services including divorce, custody, modification, child support, visitation, termination, adoption and domestic violence. Divorce, custody and family law services are provided in Boise and the surrounding areas, including Ada, Canyon, Elmore, Owyhee, Washington, Boise and Valley Counties. A Boise Divorce Attorney from Kershisnik Law will help you resolve your divorce and custody issues and help you through all areas of family law in Idaho.

Boise Criminal Lawyer - Kershisnik Law provides all criminal defense, including assault and battery, aggravated assault, burglary, theft, possession, drug charges, marijuana and meth possession, sex crimes, indecent exposure, lewd and lascivious conduct, child porn possession, internet crime, forgery and all criminal law issues, including parole violation, probation violation and post judgment relief. The Boise Criminal Lawyers at Kershisnik Law practice throughout the Treasure Valley and the surrounding areas. The Criminal Lawyers at Kershisnik Law know Idaho Law and will help you through the criminal law system. Whether you wish to seek a plea agreement or you want to take your case to trial, Kershisnik Law can provide you experience at a price you can afford.

Boise DUI Lawyer - Kershisnik Law provides legal representation for DUI, DWP and all driving under the influence related crime in Idaho, including 1st time, 2nd time and 3rd time DUI, excessive DUI, felony and misdemeanor DUI.

Boise Probate Attorneys - Kershisnik Law provides Estate Planning and Probate Services including, Wills, Estates, Trusts and Probate. An Estate plan helps you have control over your estate. You can decide who gets what property through the use of a will, or a trust and you can influence how much, if any, taxes will need to be paid on your estate in probate. One of our Probate or Estate Planning Attorneys can help you plan your estate the way that you want it - the way that works best for you.

Boise Personal Injury Lawyers - Kershisnik Law provides legal representation for personal injury, including injuries incurred as a result of car accidents, slip and fall, dog bite, premise liablity, product liability, DUI, and all accident injury. A Personal Injury Lawyer will negotiate a settlement on your behalf with the insurance companies or litigate your personal injury case if it is necessary to take it to trial to make you whole.

Boise Employment Attorneys - Kershisnik Law offers representation for wage claim cases, wrongful termination, discrimination and harassment. During these hard economic times, an employment attorney can help you get a money settlement when you have been wrongly terminated or have not had your wages paid. In addition, an employment lawyer can help bring you justice when your rights have been violated.

Boise Small Business Attorney - Kershisnik Law provides small business legal services such as small business formation, dissolution and operating agreements. Kershisnik Law also provides a whole range of services involving small business in Idaho.

If you need to speak to a Boise Divorce Attorney, a Boise Criminal Lawyer, a Boise DUI Lawyer, Boise Personal Injury Lawyers, Boise Probate Attorneys, Boise Employment Lawyers or Boise Small Business Attorneys, please call (208) 472-2383. You will be glad you did.

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 Lawyers Keep Close Watch on Senate Bill 61

Changes in Idaho Law are on the horizon for Boise Criminal Lawyers and for those charged with DUI. Yesterday in Boise, the Idaho State Senate returned Senate Bill 61 to the Idaho House of Representatives. The Bill was proposed to amend Idaho Code 18-8002(4)(a) which outlines the penalty if an individual who refuses to take a breathalyzer test after a DUI stop. Currently the Idaho Code section states that if you are stopped on suspicion of a DUI and you refuse to blow the arresting officer is to immediately take your license and issue a temporary paper license. The temporary license is only valid until you have an administrative hearing about your refusal to blow on the DUI stop. If you fail to request the hearing or are found to be unjustified in your refusal to blow, your license is suspended by the Idaho Department of Transportation.

The amendment was proposed for administrative purposes. Currently, the arresting officer on a DUI must take the license, issues a paper license, get the license to the proper place to store the license and have the appropriate paper work so that the license can be returned at the appropriate time. This causes a questionable loophole if the officer fails to take the license at the time of the DUI stop as well as creates a license custody headache and unnecessary expense managing the actual physical suspended licenses. The amendment would remove the necessity of the arresting officer to take physical control of the actual license on a DUI stop. The person pulled over on suspicion of DUI would still have their license suspended but it would remove the administrative removal and subsequent paperwork involved.

The Senate Bill was returned to the House for clarification but it is likely to be passed in the next few days.

If you have been arrested on DUI charges and need to speak with a Boise DUI Lawyer, please call (208) 472-2383

Boise DUI Lawyer Talks About Lost BAC Results

Believe it or not, evidence gets lost. Blood alcohol concentrations are key evidence for prosecutors. As a Boise DUI Lawyer, I feel it is important to challenge a DUI on a variety of grounds but especially if the prosecutor or the police have lost your BAC. Also, as a Boise DUI Lawyer I think that if your BAC has gone missing and then suddenly reappears, that you have a good challenge to the chain of custody. If your BAC was missing and then comes back, who knows what happened to it, who had control of it and what possible alteration could have been made to it while it was gone. If you are charged with a DUI, make certain your attorney looks for evidenciary challenges such as these. A lost BAC could mean the difference between a DUI and a lesser charge.

If you need more information on DUI please also visit www.duiboiseid.com

Boise DUI Lawyer Talks About Aggravated Driving Under the Influence

As a Boise DUI Lawyer I feel one of the saddest parts of my job is when someone is charged with aggravated driving under the influence. This is a difficult charge because what it means is that someone was driving under the influence of alcohol, drugs or other intoxicating substance and caused great bodily harm, permanent disability or permanent disfigurement to another.

The penalty for aggravated driving under the influence is very serious. This is a felony charge. You can be sentenced to prison for up to 15 years and ordered to pay a fine of up to $5,000. In addition, you will lose your license, beginning upon your release, for up to five years. You will also be ordered to pay restitution.

If that weren't enough, Idaho law allows any evidence of your conviction to be used in a civil proceeding against you. A "conviction" for the purposes of this code section not only includes if you are found guilty but if you plea or get a withheld judgment.

If you need to speak to a Boise DUI Lawyer call or an Idaho Criminal Attorney, (208) 472-2383 or visit us on the web at www.lawboiseid.com or www.duiboiseid.com

Boise DUI Lawyer Discusses Breathalyzer

As a Boise DUI Lawyer part of my job is to make certain that my clients are not convicted of a crime when their rights have been violated. Part of the evidence that goes into a DUI conviction in Idaho is evidence of a BAC of .08 or greater as measured by a breathalyzer. There are many ways to challenge a breathalyzer reading but today I am going to discuss the defense of burping.

As a Boise DUI Lawyer burping is my favorite defense. I know it sounds silly that you could throw a DUI out in Idaho with the defense of burping. It is true, however. If you burped within 15 minutes of blowing you can challenge the BAC reading on the breathalyzer. It all has to do with the way the breathalyzer works and how it reads the concentration of alcohol in your system.

If you are charged with a DUI in Idaho make certain you tell your Boise DUI Lawyer if you burped before you blew.

For more information about DUI in Idaho or to schedule an appointment with a Boise DUI Lawyer please visit www.lawboiseid.com or call (208) 472-2383 today.

Boise DUI Lawyer Talks About DUI Statistics

As a Boise DUI Lawyer I have spoken frequently about the increase in the number of DUI arrests around the holidays. Interestingly in today's Idaho Statesman, there was an article outlining the numbers for Idaho DUI arrests, crashes and fatalities. In addition, the article discussed the increase in the number of excessive DUI arrests. An excessive DUI is when the BAC of the individual is .20 or higher.

The statistics showed that the number of arrests for driving under the influence in Idaho have increased and the crashes and fatalities have decreased. In 2005 Boise Police and Idaho State Police arrested 9,072 people in Idaho for driving under the influence. There were 1,952 DUI crashes that year and 100 fatalities. By 2009 the number of DUI arrests had increased to 12,327. The number of crashes associated with driving under the influence decreased to 1,567 and the death rate decreased to 65.

While those number represent a decrease in accidents and deaths and an increase in arrests, something disturbing is on the rise. The statistics show that Boise Police and Idaho State Police are steadily increasing the number of individuals they arrest for excessive DUI. Boise Police and Idaho State Police arrested 279 individuals and cited them for excessive DUI in 2006 in Ada County. That number has increased to 384 to date and there are still two weeks of the year left.

As a Boise DUI Lawyer I walk that fine line of excessive DUI with my clients, particularly when they have blown barely a .20. The penalty for excessive DUI is so much greater than a regular driving under the influence charge. While I never condone drinking and driving, it is my responsibility as an Idaho Criminal Attorney to preserve an individual's rights. Because the statistics show that the calibration of breathylzers are not 100% accurate there is always that possibility that an individual arrested for excessive DUI may not have actually had .20 BAC. As a Idaho Criminal Attorney, I would not recommend that you not blow when you are pulled over, but when someone is so close to an excessive DUI a blood draw would give a more accurate BAC. As a Boise DUI Lawyer, I recommend that every excessive DUI charge be challenged at the very minimum on a calibration technicality. I want to stress again, however, that I am in no way advocating driving under the influence. My suggestion to challenge the excessive DUI comes from my role as a defender of your rights. My role as a Boise DUI Lawyer and an Idaho Criminal Attorney is to represent my clients in such a way that they are not convicted of a crime by false evidence or an illegal violation of their rights.

For more information concerning DUI in Idaho visit www.lawboiseid.com or call (208) 472-2383.

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