Wednesday, December 23, 2009

ALS Suspensions



Adminstrative License Suspensions (ALS) may have a significant impact on your driving privileges in Idaho. If you are facing an ALS in Idaho you should contact an Idaho DUI Defense lawyer to protect your driving privileges.

There are two types of ALS:

1. Failure of an evidentiary test
2. Refusal of an evidentiary test

Evidentiary Tests

Evidentiary tests usually are comprised of a breath alcohol sensor test called a Breathalyzer test. During a breathalyzer test, you are required to blow into a sensor that reads your breath to determine blood alcohol content. The police may also require you to submit to a forced blood draw where they will take blood samples for blood alcohol testing.

Failure of an Evidentiary Test

If you fail an evidentiary test (i.e. if you have a blood alcohol content of more than 0.08) then your driving license could be suspended for a period of 90 days if it is your first failure in the last 10 years. The first 30 days you will not be allowed to drive at all - the remaining 60 days you can get a temporary permit. To obtain a temporary permit you will have to pay the reinstatement fee and temporary permit fee (~$150.00). You will also have to have proof of SR-22 Insurance. You will also receive a temporary permit that is valid for 30 days, so your ALS Suspension will not begin until 30 days after you were cited for an Idaho DUI. If you have failed an evidentiary test and were cited for an Idaho DUI please contact Mark Petersen, a Pocatello Idaho DUI Lawyer.

Refusal of an Evidentiary Test

If you refuse to submit to an evidentiary test, your driver's license could be suspended for one year and you could be fined $250.00. The one year suspension is an absolute suspensions, meaning that you will not be allowed to drive at all - no temporary permits, no work permits, no driving privileges whatsoever. If you have refused an evidentiary test and were cited for an Idaho DUI please contact Mark Petersen, a Pocatello Idaho DUI Lawyer.

Challenging an Evidentiary Test (Breathalyzer or Blood Draw)

If you desire to challenge a failure of a Breathalyzer or Blood Draw, or if you want to challenge a refusal of an evidentiary test, YOU HAVE SEVEN (7) DAYS TO CHALLENGE THE ALS or you lose your right to challenge the ALS.

Contact Mark Petersen, a Pocatello Idaho DUI Lawyer  for more information regarding ALS if you have been cited with an Idaho DUI.

Thursday, December 10, 2009

Withheld Judgments and DUI's

One question to consider when being cited with a DUI in Idaho is whether you are eligible for a withheld judgment. Below is a little background on withheld judgments to consider when negotiating a sentence for your Idaho DUI citation/offense:

WITHHELD JUDGMENTS


A Withheld Judgment is a form of sentence that a judge can impose on you once you have plead guilty to a DUI charge. Typically you are only allowed one withheld judgment in your life, although there are some exceptions. When you are granted a withheld judgment, you are not convicted of the DUI offense. Instead, you are placed on probation and upon successful completion of probation you can apply to have the charge dismissed.

EFFECT OF WITHHELD JUDGMENT


Even with a withheld judgment, the judge can impose jail time, fines, court costs, and can suspend your driving privileges. However, with a withheld judgment, a judge can suspend the driver's license suspension, resulting in no suspension of your license.

WITHHELD JUDGMENTS AND PROBATION


If you receive a withheld judgment you will likely receive court/record check probation or supervised probation. The Court has the discretion to put you on either type of probation. There are costs associated with each type of probation that you will have to pay in addition to your fines and court costs. If you fail to comply with your probation terms, the judge can re-sentence you and reimpose any of the sentence that was previously suspended.

Contact Mark Petersen, a Pocatello Idaho DUI Lawyer  for more information regarding withheld judgments if you have been cited with DUI in Idaho.

Wednesday, December 9, 2009

Idaho DUI Abogado - Servicios por Latinos

Snake River Law PLLC offers Idaho DUI Defense services for Spanish speaking individuals in Southeast Idaho.

Si usted ha sido citado con una ofensa DUI en Pocatello, American Falls, Blackfoot, Preston, Soda Springs, Malad o Montpelier por favor póngase en contacto con Mark Petersen, un Pocatello Idaho abogado de defensa de DUI con Snake River Law PLLC. Para otros condados de Idaho, póngase en contacto con un Idaho Abogado de DUI.