DUI Defense Lawyer Serving Boise, ID
Why Should you get a DUI Defense Attorney?
You should never face a DUI on your own. You need an experienced Boise DUI attorney to guide you through the process. In order to be convicted of a DUI, the state of Idaho has to prove each and every element of their case beyond a reasonable doubt. To prove their case, the prosecutor has to prove:
- That you are under the influence of alcohol, drugs, or any other intoxicating substance or a combination of alcohol and drugs;
- That you are driving or in “actual physical control” of a vehicle upon a highway, street or bridge, or upon public or private property open to the public
The state has to prove all the elements. We examine their case to see if there are any weaknesses.
What to Expect During DUI Trial Process in IDAHO?
Getting charged with DUI needs to undergo several steps and procedures to the trial process.
- That you are under the influence of alcohol, drugs, or any other intoxicating substance or a combination of alcohol and drugs;
- That you are driving or in “actual physical control” of a vehicle upon a highway, street or bridge, or upon public or private property open to the public
- The state has to prove all the elements. We examine their case to see if there are any weaknesses.
BAIL AFTER ARREST
- Typically, the bail is around $500.00. This may be paid in cash or you may pay it through a bails bondsman. If you pay cash, this may be used to pay the court fines later in the process.
REQUEST AN ADMINISTRATIVE LICENSE FROM IDAHO TRANSPORTATION DEPARTMENT
- You only have seven (7) days to comply to this starting from the day you are arrested. You may get this via fax, email, or just a regular mail. If you fail to request the hearing, you waive your right to fight the administrative suspension. This means that even if you beat the DUI at the criminal trial, your license could still be suspended.
TRIAL DATE
- Set within six (6 months) from the day you are arrested, this is the part where the acquitted (you), together with his or her legal representative, stand in front of a jury and explain why the charges filed against you are wrong and why you should be acquitted from the said charges.
PLEAD NOT GUILTY ON THE CRIMINAL CASE
- Usually done at an arraignment or first court appearance, this option can also be done by requesting a trial date through a written document filed so that appearance in the court shouldn’t be necessary.
DISCOVERY STAGE
- The stage where that covers from the day you had your not guilty plea, to the trial date. This is also the time where we request and gather all evidence that the prosecutor has to prove that you are guilty. Your DUI or DWI defense attorney will then get all the evidence the state has, study and dissect the case, and determine its weaknesses.