Friday, November 13, 2009

EFFECT OF A DUI ON A COMMERCIAL LICENSE

EFFECT OF A DUI ON A COMMERCIAL LICENSE

The effects of a DUI on a commercial license is critical when considering your current and future employment if you need a commercial license. An Idaho DUI defense lawyer will be able to help you determine the impact a DUI will have on your commercial license. Idaho DUI law currently has the following impact on a commercial license:



When you were cited for DUI, if you were (1) operating a commercial motor vehicle or (2) if you hold a class A, B or C driver's license, even if you weren’t driving a commercial vehicle, you will be disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if convicted in the form of a judgment or withheld judgment of a first violation under any state or federal law. 

Also, if you were (1) operating a commercial motor vehicle, or (2) if you hold a class A, B or C driver's license, even if you weren’t driving a commercial vehicle, you will be disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if you refuse to submit to a test to determine your alcohol concentration while operating a motor vehicle.

If you have a commercial driver's license and have been cited with a DUI in Pocatello, American Falls, Blackfoot, Preston, Soda Springs, Malad or Montpelier please contact Mark Petersen, a Pocatello Idaho DUI defense lawyer at Snake River Law PLLC.

Wednesday, November 11, 2009

Idaho DUI Penalties - 3 or more convictions

If you plead guilty or are found guilty of a DUI, and its your third or more offense within ten (10) years, you will be guilty of a felony.

1. Jail sentence: A mandatory minimum period of thirty (30) days, the first forty eight (48) hours of which must be consecutive, and ten (10) days of which must be served in jail.  The maximum jail sentence is up to ten (10) years.

2. Fine: Up to five thousand dollars ($5,000.00).

3. Impact on Driving Privileges: Mandatory minimum period of one (1) year after release from confinement with absolutely no driving privileges of any kind, with additional suspension with absolutely no driving privileges for up to five (5) years.  Note: this suspension is separate from any administrative suspension before the Idaho Department of Transportation, so you could potentially have two Idaho driving privilege suspensions.

4. Ignition Interlock System: You will be required to drive only a motor vehicle equipped with a functioning ignition interlock system, following the one (1) year mandatory license suspension period during your period of probation.

5. Probation:  The court will likely impose a period of probation, regardless of the type of sentence entered, for a minimum of one (1) year.  All supervision costs are at your expense.

6. Commercial Driver's License. The provisions regarding disqualification of your commercial license will likely apply, which results in a one year suspension of your commercial license.

If you have been cited with a third offense DUI in Pocatello, American Falls, Blackfoot, Preston, Soda Springs, Malad or Montpelier please contact Mark Petersen, a Pocatello Idaho DUI defense lawyer at Snake River Law PLLC. For other Idaho counties, contact an Idaho DUI Lawyer.

Thursday, November 5, 2009

Idaho DUI Penalties: Second Offense


If you plead guilty or are found guilty of a DUI, and its your second offense within ten (10) years, you will be guilty of a misdemeanor.

1. Jail sentence: Mandatory minimum period of not less than ten (10) days the first forty‑eight (48) hours of which must be consecutive, and five (5) days of which must be served in jail. The other five days, at the discretion of the judge, may be served on the Sheriff Inmate Labor Detail. The maximum jail sentence is up to one (1) year.

2. Fine: Up to two thousand dollars ($2,000.00).

3. Impact on Driving Privileges: Mandatory minimum period of one (1) year after release from confinement with absolutely no driving privileges of any kind. Note: this suspension is separate from any administrative suspension before the Idaho Department of Transportation, so you could potentially have two Idaho driving privilege suspensions.

4. Ignition Interlock System: You will be required to drive only a motor vehicle equipped with a functioning ignition interlock system, following the one (1) year mandatory license suspension period during your period of probation.

5. Probation: The court will likely impose a period of probation, regardless of the type of sentence entered, for a minimum of one (1) year. All supervision costs are at your expense.

6. The provisions regarding disqualification of your commercial license apply, which results in a one year suspension of your commercial license.


If you have been cited with a second offense DUI in Pocatello, American Falls, Blackfoot, Preston, Soda Springs, Malad or Montpelier please contact Mark Petersen, a Pocatello Idaho DUI defense lawyer at Snake River Law PLLC. For other Idaho counties, contact an Idaho DUI Lawyer.

Tuesday, November 3, 2009

DUI Penalties - First Conviction

DUI: Penalties in Idaho

DUI: First Offense

If you plead guilty or are found guilty of a DUI and its your first offense in the last ten (10) years, you will be guilty of a misdemeanor.
 

  1. Jail sentence: Up to six (6) months.
  2. Fine: Up to one thousand dollars ($1,000.00).
  3. Impact on Driving Privileges: A court-imposed driver’s license suspension for 90 to 180 days.  The first thirty (30) day period you will have absolutely no driving privileges of any kind. After the thirty (30) day period of absolute suspension of driving privileges has passed, you will have your driving privileges suspended by the court for an additional period of at least sixty (60) days with up to one hundred fifty (150) days, during which you can request restricted driving privileges if necessary for employment, school, or family health needs.  Note: this suspension is separate from any administrative suspension before the Idaho Department of Transportation, so you could potentially have two Idaho driving privilege suspensions.
  4. Probation: The court will likely impose a period of probation, regardless of the type of sentence entered, for a minimum of six (6) months and up to one (1) year.  Depending on your prior record, BAC results, and likelihood to re-offend, probation could be unsupervised to the court or supervised by the Idaho Department of Probation and Parole.  All supervision costs are at your expense. The length and type of probation are at the judge's discretion.
  5. Commercial Driver's License: The provisions regarding disqualification of your commercial license apply, which results in a one year suspension of your commercial license. If your license is suspended, you cannot get a restricted driver's license for commercial purposes (I.C. 18-8005(15)).
  6. Alcohol Evaluation: You will be required to undergo an alcohol evaluation at your expense and will likely be ordered to comply with any recommendations for treatment issued by the alcohol evaluator.

If you have been cited with a second offense DUI in Pocatello, American Falls, Blackfoot, Preston, Soda Springs, Malad or Montpelier please contact Mark Petersen, a Pocatello Idaho DUI defense lawyer at Snake River Law PLLC. For other Idaho counties, contact an Idaho DUI Lawyer.