Wednesday, October 28, 2009

Should I Just Plead Guilty to the DUI Charge?

NO! And here’s why:

   1. Just because you were cited for DUI and the results of the breath test was over .08 blood alcohol content does not mean that you are guilty. Infrared breath analysis are not the most accurate devices and their accuracy may be subject to challenge. Also, all evidence collected by police officers through field sobriety tests and physical observation may be subject to challenge, depending on the procedure used by the officers.

   2. DUI charges are serious offenses with serious penalties. Your driving privileges could be suspended by
the Idaho Department of Transportation and by the judicial system for one (1) to five (5) years with no driving privileges. You may have to go to jail and if it is your second or third offense you will have a minimum ten (10) days in jail. You will be placed on some form of probation wherein in you lose certain civil rights and have to pay the costs of supervision. Fines and reinstatement fees can also range between $500.00 to $1,000.00. You may also be required to attend treatment or AA meetings. A DUI conviction has serious consequences on your life and your ability to maintain your employment.

   3. You may be able to win your DUI defense case. Winning your DUI case may include having the charge reduced to a different offense or obtaining a plea bargain that avoids a conviction (e.g. withheld judgments). Without consulting an Idaho DUI lawyer you may miss the opportunity to exhaust your investigation, conduct discovery, examine witnesses, and fully understand the consequences of pleading guilty to DUI.

   4. If you have a commercial driver’s license, you will lose that license. Idaho requires any driver with a commercial driver’s license (i.e. Class A, B, or C) that is convicted of DUI, even if they were driving their personal vehicle, to have their commercial driving privileges suspended for one (1) year with absolutely no commercial driving privileges.