Burden of Proof on Felony Idaho DUI's - Prior DUI Offenses

On September 5, 2013 the Idaho Court of Appeals in State v Schall clarified that, in felony Idaho DUI cases, the State has the burden of proving that the DUI offenses leading up to the felony charge are "substantially conforming" to Idaho DUI law. The State has to meet this burden of proof at the time of the preliminary hearing in order for the Magistrate Judge to bind the Defendant over to District Court on the felony charges. The Court indicated that "the magistrate at the preliminary hearing must make the initial legal determination whether the foreign statute is substantially conforming, for without that determination there can be no probable cause for a felony offense and the case may not be bound over to the district court." (See http://www.isc.idaho.gov/opinions/39891.pdf, page 8.)

As a practical point, for a person facing felony Idaho DUI charges, it is important possibly essential to hold a preliminary hearing and make the State (i.e. prosecuting attorney) meet their burden of proving all of the elements of the Idaho DUI charge including any "substantially conforming" prior DUI charges. Simply waiving the preliminary hearing without making the state prove the elements of an Idaho DUI offense may result in the inability to challenge the charge on this issue at a later date. Make sure to have a detailed discussion with your attorney or public defender prior to waiving a preliminary hearing.

Excessive DUI Penalties

Excessive DUI's have a significant impact on you and your driving privileges. An excessive DUI is when you have an alcohol concentration of 0.20 or greater. If you plead guilty or are convicted of an excessive DUI you will be guilty of a misdemeanor. You will also be sentenced to at least 10 days of mandatory jail time and possibly up to 1 year. You can be fined up to $2,000.00. You will lose you driver's license for a mandatory period of one year, during which you cannot drive at all - no temporary permits.

To say the least, excessive DUI's are a very serious problem for you, your family, and your employment. You will need to obtain legal counsel to assist you in defending against the excessive DUI as well as exploring plea bargain alternatives to hopefully reduce your charge to a non-excessive DUI.

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.

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.