If you have been cited with an Idaho DUI, you were also likely served with either a failure or a refusal of the breathalyzer or blood test. It is essential that you challenge the failure or refusal of the breathalyzer or blood test if you want to protect your driver's license. If you do not challenge the failure or refusal, you will lose your driving privileges for at least 30 days.
If you failed the breathalyzer or blood test you have seven (7) days to file a hearing request with the Idaho Department of Transportation (IDOT). This hearing request must be filed with IDOT in Boise, Idaho. A hearing is then schedule over the phone for sometime before your temporary license expires in 30 days. It is essential to review all of the documents involved with the traffic stop that lead to your DUI citation. An experienced Idaho DUI Lawyer can assist you in collecting the information you need to challenge your failure of a breathalyzer or blood test.
If you refused the breathalyzer or blood test you have seven (7) days to file a hearing request with the Prosecuting Attorney in the county or city where you received the refusal citation. You will receive a hearing notice where you can go and discuss the case with the prosecuting attorney, and, if necessary proceed to a court trial on the refusal. An experienced Idaho DUI Lawyer can assist you in challenging your refusal of a breathalyzer or blood test.
Contact Mark Petersen, a Pocatello Idaho DUI Lawyer with Snake River Law PLLC for more information regarding representation if you have been cited with an Idaho DUI. Mark can be reached by email or by calling 208.406.9885
Thursday, January 7, 2010
When a driver is arrested on suspicion of an Idaho DUI, he or she must provide a sample of their blood or breath for testing for alcohol content under Idaho Implied Consent Law. A driver found to have refused consent can face stiff consequences from the Idaho DMV, a one-year suspension of his or her driver's license and a $250.00 fine.
So what is a refusal? Idaho DUI Laws indicate that a refusal can be anything other than agreeing to perform the test(s). Typically, two kinds of refusals exist in Idaho: Express refusals (the person saying no to the test) and implied refusals (where the police officer says a refusal occurred but the individual did not expressly refuse). An experienced Idaho DUI Lawyer can assist you in evaluating your case to determine whether you have any defenses against your refusal.
A person arrested for an Idaho DUI does not have the right to consult with an attorney before deciding whether to submit to the chemical test. However, if someone is charged with DUI, and they aren't properly told of the consequences of refusal, namely, that their driver's license will be suspended or revoked, or if the officer fails to advise the individual of the Idaho Implied Consent Law, the person will have a defense against the refusal.
If you have been cited for refusing a breathalyzer or blood test you must file a challenge to the refusal within seven (7) days from the date you were given the refusal.
Contact Mark Petersen, a Pocatello Idaho DUI Lawyer for more information regarding representation if you have been cited with an Idaho DUI. Snake River Law PLLC offers reasonable flat rates and does not bill by the hour. Mark can be reached by email or by calling 208.406.9885
Monday, January 4, 2010
Breathalyzers have advanced just a little over the years...http://www.photobasement.com/wp-content/uploads/2009/12/thegoodlife.jpg
If you have been cited for an Idaho DUI you have the right to counsel under Idaho DUI Laws to represent you in the court proceedings.
You essentially have two options for counsel: (1) Hire a private idaho dui lawyer or (2) be appointed a county public defender
Public Defender and DUI
Anyone can elect to have a public defender appointed to represent them for an Idaho DUI. Initially there is no expense for the public defender. However, if you plead to the DUI or are convicted of the DUI, you will have to repay the state for the services of your public defender in addition to any fines, court costs, and probation fees. Typically you are looking at having to repay the state between $500-$1,000.00, depending on the judge and court.
Private Idaho DUI Lawyer
Your other option for representation for an Idaho DUI is to hire a private lawyer specializing in Idaho DUI Defense. The costs for a private DUI lawyer can vary greatly between law firms, and can vary between hourly fees and flat fees. Most attorney's require the entire fee be paid upfront. Costs can vary between $500-$5,000.00.
**Please note that you do not have a right to counsel before submitting to evidentiary testing (walk and turn, one-leg stand, breathalyzer, blood test, or forced blood draw).
Contact Mark Petersen, a Pocatello Idaho DUI Lawyer for more information regarding representation if you have been cited with an Idaho DUI. Snake River Law PLLC offers reasonable flat rates and does not bill by the hour.