What happens after I get arrested and charged with a DUI?
- You have seven days to request an Administrative License Suspension (ALS) hearing with the Idaho Transportation Department in order to possibly avoid a driver’s license suspension.
- You will be given a bond out appearance notice to appear in court. If you fail to appear, a warrant will likely be issues for your arrest.
- A misdemeanor case will be set for a pretrial conference. A felony case will be set for a preliminary hearing.
- It is important to retain an attorney as quickly as possible in order for the attorney to prepare for the pretrial conference/preliminary hearing.
- Depending on the facts of your case, your case could possibly be resolved at the pretrial conference with a plea agreement.
- In most cases, it is wise to immediately schedule and complete an alcohol evaluation and treatment program in order to avoid supervised probation.
- In some cases, your attorney may file a pretrial motion if the police officer violated your rights or there are evidentiary issues for the State.
- In some cases, it might be in your best interest to take the case to trial. The prosecutor has the burden of proof and must prove you guilty beyond a reasonable doubt.
Is my DUI a misdemeanor?
- First and second offense DUI’s with a blood alcohol content (BAC) between .08% and .19%.
- First offense excessive DUI (BAC of .20% or greater)
Is my DUI a felony?
- Third DUI with 2 prior DUI convictions within 10 years
- Second excessive DUI within 5 years of a prior excessive DUI
What is an Aggravated DUI?
A DUI that involved an accident that results in serious bodily harm or injury to another person.
Will my driver’s license be suspended/revoked with a DUI in Idaho?
Many drivers don’t know that a DUI charge involves both a criminal and civil case. A driver will face an automatic driver’s license suspension unless they file a request for an administrative license suspension hearing with the Idaho Transportation Department within seven days of the arrest. If a driver refuses breath testing after an arrest, the driver must request a BAC hearing with the magistrate court (capitalize?) within seven days, otherwise the driver will be subject to a one year absolute suspension.
The bottom line is that time is of the essence with DUI charges.
It is important to consult with an experienced and skilled DUI attorney immediately in order to protect your rights, protect your freedom, and get you the best possible outcome with your court case and to avoid the administrative suspension.
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Michael takes pride in outworking the government’s attorneys.
Michael Larsen specializes in contesting DUI cases. With his many years on experience as a prosecutor and defense attorney, he is always one step ahead of the government. Michael offers a very personable and intelligent defense. He constantly strives to get the best results for his clients.
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