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.

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

VA to Clarify Guidelines Concerning Medical Marijuana

July 24, 2010 - Select VA's to Allow Medical Marijuana -

Doctors at Veterans Administration hospitals around the U.S. currently are allowed to deny prescriptions for pain medications if their patients are taking illegal drugs. That is set to change this week when those federal guidelines will be modified. The clarifications will state that in those 14 states where medical marijuana is legal, VA doctors cannot deny pain medicine prescriptions on the basis of marijuana use if that use is for valid medicinal purposes. In addition, the VA cannot use the fact of marijuana use as a potential reason to deny Veterans benefits. The possibility of the VA being able to deny benefits to Veterans based upon medical marijuana use has been a concern for Veterans' advocates. The change in guidelines, however, will not allow VA physicians to prescribe medical marijuana. http://www.aolnews.com/nation/article/medical-marijuana-to-be-ok-in-some-va-clinics/19567275

How Much Does it Cost to Defend a DUI

So you had a blast this weekend but you ended up getting a DUI. Now what?

First and foremost you need a lawyer. You stand to lose so much with a DUI conviction that you need an experienced attorney on your side.

That having been said, do you take a plea agreement or do you fight the DUI charges? That all depends upon the circumstances. Are you guilty? Well, that also depends upon the circumstances. There are many ways to fight a DUI and some of those may be available to you if you don't want a DUI conviction on your record.

If you got caught red-handed then perhaps you should take a plea agreement and get in and out quick.

How much will this cost you? Most DUI plea agreements can be settled for $750-$1000 for a first time offense and $1000-$1500 for a second time or an excessive DUI charge. In addition to your attorney's fees you will have costs associated with your time in court.

If you want to fight the DUI charge; say the policeman forgot to read you your rights, or you think that the breathalyser was improperly calibrated, you will need to put down a retainer with your attorney. This generally costs between $3000-$5000.

Whatever you decide to do, you need to get an attorney who knows what to do for you. There are critical deadlines that you can't afford to miss.

The person you need on your side is Pat Kershisnik at Kershisnik Law. He has handled numerous DUIs and can help you get out of the fix you are in. Call today for a free consultation. 208-947-5518 or visit www.lawboiseid.com You will be glad you did.