Boise DUI Lawyers, Idaho Criminal Attorneys, Boise Divorce Attorney, Idaho Family Law Lawyer, call (208) 472-2383, DUI, DWP Criminal Defense, Divorce, Custody, Family Law, Military Divorce, Military DUI.
Being charged with a DUI is one thing, but being charged with a military DUI or being a civilian and being charged with a DUI on a military base is something entirely different. Just like military divorce and custody issues, military DUI issues have additional rules and laws and therefore a military DUI will have additional consequences and penalties.
Boise DUI Lawyers who specialize in military cases are intricately familiar with the different types of cases involving the military and a DUI.
The first type of military DUI is when a member of the United States Armed Services gets a DUI off a military base. In a non-military DUI, Boise DUI Lawyers are dealing with two different aspects of the driving under the influence case. First, there is an administrative aspect, where the Boise DUI Lawyer deals with the Idaho Department of Transportation. Here, you will receive an administrative suspension of your driver's license. The second aspect of the DUI is where you and your Boise DUI Attorney go to an Idaho Court and deal with Idaho Law. Here you face the court and the state's lawyer, the prosecuting attorney, and ultimately you are convicted, plea or found not guilty to a DUI.
If you are a service member and you get a DUI, not only do you have to deal with this aspect of your driving under the influence charge, but you also have to deal with military rules and penalties. These are outlined in Article 111 of the Uniform Code of Military Justice and the Manual for Court Martial. You are potentially on for a stiffer sentence, because in addition to state court penalties including fines, possible jail time, license suspension, alcohol evaluation, a functioning vehicle ignition interlock device and probation, you can receive additional penalties from the military court. These can include a rank reduction, pay reduction, loss of security clearance, additional fines, a reprimand or even a dishonorable discharge. There is no maximum penalty set by military law for a military DUI. There are additional penalties because the military has its own jurisdiction and just like military divorce and custody there are additional rules promulgated by the military.
A second DUI issue involving the military that Boise DUI Lawyers see is when a civilian gets a DUI on a military base. You likely will be charged in Federal Court instead of Idaho Court, but depending upon where you were charged and if there is overlapping jurisdiction you may be charged by an Idaho State Court. You will receive a letter in the mail informing you what court your case will be brought in so it is very important that you keep your eyes open for this. If it is in Idaho Court, you will need a Boise DUI Lawyer. If it is in Federal Court you will need a Boise DUI Attorney who practices in Federal Court. Even if your case is brought in Federal Court, in general Idaho Law will apply because of a principle called assimilation which allows Idaho Law to be used. The penalties in general mirror state penalties but the Federal Prosecuting Attorneys have more ability to be flexible than State Prosecuting Attorneys and consequently it can actually be easier to avoid jail time and probationary periods.
The military is a world of its own. It has its own jurisdiction as well as concurrent jurisdiction with individual states. Whether the issue is one of a criminal charge, a DUI or matters of divorce, custody or contract, to name a few, there are often special rules involving military cases.
If you have a military issue and need to speak to a Boise DUI Lawyer or Criminal Attorney, or a Boise Divorce Attorney or Family Law or Custody Lawyer who deals with military DUI, military criminal defense, military divorce or military family law and custody issues, please call, (208) 472-2383. You can also visit one of our websites for more information. On our website there is a quick contact form. You can fill this out and one of our Boise Divorce Attorneys, Boise DUI Lawyers or Boise Criminal Lawyers will get right back to you.
You can also visit us for more information on divorce, custody, family law, DUI, DWP and numerous crimes in Idaho.
Showing posts with label Boise DUI Lawyers. Show all posts
Showing posts with label Boise DUI Lawyers. Show all posts
Saturday, March 26, 2011
Thursday, March 17, 2011
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 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.
Tuesday, March 8, 2011
Boise DUI Lawyers - Idaho Criminal Attorneys - Field Sobriety Tests
Boise DUI Lawyers - Criminal Attorneys in Idaho - DUI, DWP, Criminal Defense, call (208) 472-2383 free consultation.
Boise DUI Lawyers are always asked what the standard field sobriety tests are and if they are valid. The National Highway Traffic Safety Administration (NHTSA) developed three standardized tests to determine if there is probable cause to arrest an individual suspected of DUI. Standardizing the tests ensures consistency.
The three standardized tests are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and the One Leg Stand (OLS). These tests are used once an officer has probable cause to pull an individual over on suspicion of DUI. Once pulled over the officer administers the three standardized tests which provide the evidence for probable cause to make a DUI arrest and administer a breathalyzer test.
Boise DUI Lawyers may challenge probable cause for the initial pulling over as well as the probable cause based on the results of the field sobriety tests. Attorneys use challenges to probable cause to exclude evidence. Once the evidence is excluded the prosecuting attorney, the state's lawyer, may or may not have enough evidence to go forward to charge an individual with DUI.
The Horizontal Gaze Nystagmus works on the principle of eye muscle control. An individual who has not been drinking will show rapid eye jerking when the eyes are elevated to the maximum level. An individual who is intoxicated will show these jerking movements at less elevated levels as well as will have difficulty tracking with their eyes.
The Walk and Turn test requires an individual who is suspected of drinking and driving to walk nine steps from heel to toe and turn on one foot. The officer looks for clues as the suspect performs the tests. Such clues are inability to balance while listening to the directions, inability to walk heel to toe, inability to maintain walking in a straight line and failure to turn on one foot on the ninth step. As a Boise DUI lawyer I see people fail this test all the time, but I might suggest that even a non intoxicated individual may have difficulty performing this one.
The One Leg Stand test requires an individual who is suspected of drinking and driving to stand with one foot elevated about 6 inches above the ground and count by thousands for thirty seconds. As the suspect counts, one-thousand one, one-thousand two etc, the officer looks for wobbling, swaying, hopping or putting your foot down. Two or more of these indicators, according to the NHTSA, suggests the individual has an 83% chance of having over a .08 BAC. Again, as a Boise Criminal Lawyer I see individuals charged with DUI failing this test regularly. And, again, I would suggest that most people, especially the older you get, will fail this test.
DUI officers are trained to look at the three tests individually and as a whole. When looking at the results of all three tests they get what is known as a Combined Measures. With this they look at all three tests and evaluate the likelihood that the failures of the individual tests equal a DUI.
So, these are the standardized tests to establish probable cause for arrest on DUI. Are they effective? Can they be challenged?
According to the NHTSA, when comparing percentage of those actually found to have a BAC of greater than the legal limit from 1981 v. 1998, the accuracy of the tests due to training increased substantially. In 1981, when the legal limit for driving under the influence was .1, the accuracy for field sobriety tests were: HGN - 77%, WAT - 8% and the OLS - 65%. The Combined Measures resulted in an 81% accuracy arrest for DUI. In 1998, when the legal limit had been reduced to .08, the results were: HGN - 88%, WAT - 79%, and OLS - 83%. This translates into a Combined Measure accuracy of 91%.
In light of the NHTSA accuracy statistics can a DUI Lawyer still challenge the results. Absolutely. There are many factors which can go into failing a field sobriety test. Some examples of this are medical conditions such as vertigo or eye disease. Medications which have not legally impaired your ability to drive may make your balance on one leg questionable or cause you to have light sensitivity which could effect the HGN. DUI Lawyers will ask an individual charged with driving under the influence if they have any conditions which might impair their ability to take a standardized field sobriety test, but if you are pulled over on the suspicion of DUI and have a condition which might effect you performance, you should always let the officer know.
If you have been charged with DUI in Idaho and need to speak to a Boise DUI Lawyer, please call (208) 472-2383.
Boise DUI Lawyers are always asked what the standard field sobriety tests are and if they are valid. The National Highway Traffic Safety Administration (NHTSA) developed three standardized tests to determine if there is probable cause to arrest an individual suspected of DUI. Standardizing the tests ensures consistency.
The three standardized tests are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and the One Leg Stand (OLS). These tests are used once an officer has probable cause to pull an individual over on suspicion of DUI. Once pulled over the officer administers the three standardized tests which provide the evidence for probable cause to make a DUI arrest and administer a breathalyzer test.
Boise DUI Lawyers may challenge probable cause for the initial pulling over as well as the probable cause based on the results of the field sobriety tests. Attorneys use challenges to probable cause to exclude evidence. Once the evidence is excluded the prosecuting attorney, the state's lawyer, may or may not have enough evidence to go forward to charge an individual with DUI.
The Horizontal Gaze Nystagmus works on the principle of eye muscle control. An individual who has not been drinking will show rapid eye jerking when the eyes are elevated to the maximum level. An individual who is intoxicated will show these jerking movements at less elevated levels as well as will have difficulty tracking with their eyes.
The Walk and Turn test requires an individual who is suspected of drinking and driving to walk nine steps from heel to toe and turn on one foot. The officer looks for clues as the suspect performs the tests. Such clues are inability to balance while listening to the directions, inability to walk heel to toe, inability to maintain walking in a straight line and failure to turn on one foot on the ninth step. As a Boise DUI lawyer I see people fail this test all the time, but I might suggest that even a non intoxicated individual may have difficulty performing this one.
The One Leg Stand test requires an individual who is suspected of drinking and driving to stand with one foot elevated about 6 inches above the ground and count by thousands for thirty seconds. As the suspect counts, one-thousand one, one-thousand two etc, the officer looks for wobbling, swaying, hopping or putting your foot down. Two or more of these indicators, according to the NHTSA, suggests the individual has an 83% chance of having over a .08 BAC. Again, as a Boise Criminal Lawyer I see individuals charged with DUI failing this test regularly. And, again, I would suggest that most people, especially the older you get, will fail this test.
DUI officers are trained to look at the three tests individually and as a whole. When looking at the results of all three tests they get what is known as a Combined Measures. With this they look at all three tests and evaluate the likelihood that the failures of the individual tests equal a DUI.
So, these are the standardized tests to establish probable cause for arrest on DUI. Are they effective? Can they be challenged?
According to the NHTSA, when comparing percentage of those actually found to have a BAC of greater than the legal limit from 1981 v. 1998, the accuracy of the tests due to training increased substantially. In 1981, when the legal limit for driving under the influence was .1, the accuracy for field sobriety tests were: HGN - 77%, WAT - 8% and the OLS - 65%. The Combined Measures resulted in an 81% accuracy arrest for DUI. In 1998, when the legal limit had been reduced to .08, the results were: HGN - 88%, WAT - 79%, and OLS - 83%. This translates into a Combined Measure accuracy of 91%.
In light of the NHTSA accuracy statistics can a DUI Lawyer still challenge the results. Absolutely. There are many factors which can go into failing a field sobriety test. Some examples of this are medical conditions such as vertigo or eye disease. Medications which have not legally impaired your ability to drive may make your balance on one leg questionable or cause you to have light sensitivity which could effect the HGN. DUI Lawyers will ask an individual charged with driving under the influence if they have any conditions which might impair their ability to take a standardized field sobriety test, but if you are pulled over on the suspicion of DUI and have a condition which might effect you performance, you should always let the officer know.
If you have been charged with DUI in Idaho and need to speak to a Boise DUI Lawyer, please call (208) 472-2383.
Friday, February 18, 2011
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
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
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