Driving under the influence (DUI) in Idaho is a serious violation, and even first-time offenders face up to six months in jail and up to 180 days of license suspension. At the Cutler Law Office, P.A. we handle DUI defense in Rexburg. Having a lawyer who knows the DUI laws and the criminal justice system can help protect your rights and can help protect you from harsh penalties and fines.
Attorney John Cutler has decades of experience protecting the rights of clients, including:
- 30+ years practicing law
- Former deputy prosecuting attorney for the Bonneville County Prosecuting Attorney Office, where he spent time prosecuting DUI cases
- A member of the Nation College of DUI Defense, the DUI Defense Lawyers Association (as a founding member), the Idaho Association for Criminal Defense Lawyers, and the National Association of Criminal Defense Attorneys
- Over 20 years of owning Cutler Law Office, P.A. helping residents in Rexburg and the surrounding areas fight back against DUIs
DUI cases require specialized knowledge and an attorney with experience in DUI laws and procedures can help protect all your Constitutional rights.
We’ll protect your rights, using decades of experience and a unique understanding of DUI laws to prepare a solid defense strategy to fight back against prosecutors. Whether you’re facing misdemeanor or felony charges, our compassionate legal team will handle every aspect of your case with professionalism. From managing legal filings to representing you at administrative hearings, we’re here to guide you through the legal process with care and experience.
What is Considered a DUI in ID?
Per Se DUI laws in the State of Idaho vary depending on age. You are considered to be driving under the influence if your BAC (alcohol) level is at the following limits:
- Under 21 and have a BAC of 0.02%
- 21+ and have a BAC of 0.08%
- If you are driving a commercial vehicle and have a BAC of 0.04%
If your BAC levels are 0.20%, you’ll fall under the enhanced penalties category, meaning the punishments are far more severe.
If there is no breath test in your case the prosecutor can still seek a conviction for DUI if he can show that you have consumed sufficient alcohol or other impairing substances as to “influence or affect the defendant’s ability to drive the motor vehicle.”
How Can I Get My License Reinstated after a DUI?
One of the major concerns clients have when they come to us seeking a Rexburg DUI lawyer is that they’re facing a license suspension. Even a first-time conviction has a 90-180-day suspension of license.
You cannot drive for the first 30 days.
Once the 30-day period has passed, you can apply for a restricted driver’s license, which requires that you provide proof of insurance and vehicle registration. The Court will also want to know your work hours. Restrictive driving privileges during the suspension period will generally only allow you to drive for work purposes, medical purposes (including alcohol classes
Driving with a suspended license is a separate crime that can lead to jail time and includes additional fines.
What are the Long-Term Consequences of a DUI Conviction?
DUI convictions come with serious consequences, and for each subsequent offense, the ramifications can increase.
But beyond the fines, license suspension, and potential jail time, a DUI can impact your life in many other ways.
- Your license can be suspended or revoked
- It may be more challenging to get a job with a misdemeanor or felony charge on your record
- Your personal and professional relationships may be impacted
Convictions have a ripple effect that can affect areas of your life you never imagined. An attorney can help minimize the impact of the charges against you.
How Much Does It Cost to Hire a DUI Attorney?
If you’re facing DUI charges in Idaho, you may be concerned about the costs of hiring a DUI defense lawyer in Rexburg.
The cost of not hiring an experienced DUI attorney can be even higher. A Rexburg DUI lawyer with in-depth knowledge may be able to help you avoid costly fines, jail time, and other penalties that will impact your life significantly.
At Cutler Law Office, we offer an initial consultation, so you can get a better understanding of your case.
What is the DUI Law in I.D.?
DUI law in Idaho is strict because 39% of fatal accidents involve someone under the influence. You face numerous fines, penalties, and license suspension, depending on your BAC levels.
Non-enhanced BAC Penalties if You Have BAC Levels Under 0.20%
- First DUI: A misdemeanor charge with up to six months in jail, fines of up to $1,000 90 – 180 days license suspension, and an ignition interlock when your license is reinstated.
- Second DUI in 10 Years: A misdemeanor charge with 10 days mandatory jail time and up to one year in jail, fines of up to $2,000, and one-year license suspension with zero driving privileges and an ignition interlock when your license is reinstated.
- Third DUI in 10 Years: A felony charge with 30 days of mandatory jail time and up to five years in jail, fines of up to $5,000, and up to a 5-year license suspension (1 year mandatory with no driving privileges) and an ignition interlock when your license is reinstated.
Enhanced BAC Penalties if You Have BAC Over 0.20%
If your BAC is over 0.20%, the law is far less lenient and comes with:
- First Offense: A misdemeanor charge with up to one year in jail (10 days mandatory), fines of up to $2,000, and a one-year license suspension with zero driving privileges and an ignition interlock when your license is reinstated.
- Second Offense in 5 Years: A felony charge with 30 days mandatory jail time and up to five years in the state penitentiary, fines of up to $5,000 and up to five years of license suspension, and a mandatory one-year license suspension with zero driving privileges and an ignition interlock when your license is reinstated.
Aggravated DUI is a felony charge with additional fines, jail time, and license suspension if you injure another person.
We handle both misdemeanor and felony charges.
Contact Cutler Law Office, P.A. today to learn how we can help defend your case.
Should I Hire an Attorney for a DUI Case?
If you’re convicted of a DUI in Idaho, the consequences – both short-term and long-term – can be severe. Attempting to navigate the legal system on your own can lead to unfavorable outcomes.
A DUI defense lawyer taking cases in Rexburg will have the experience, knowledge, and skills to fight the charges against you and argue for lower penalties.
A Rexburg DUI lawyer will:
Have Knowledge of Idaho’s DUI Laws
An attorney experienced with DUI cases will have extensive knowledge of the laws surrounding DUI cases. They can leverage this experience and knowledge to help you achieve the best possible outcome for your case.
The DUI area of law is complex and not something you want to navigate on your own. For example, if you cause serious injury to another person while driving under the influence, the penalties – jail time, fines, and license suspension – are all enhanced.
An attorney will understand the nuances of DUI laws that the everyday person does not know. Without the help of a legal professional, you may find yourself at a significant disadvantage when fighting the charges against you.
Negotiate Reduced Penalties and Jail Time
If you’re charged with a DUI, you face possible fines, jail time, license suspension, and other penalties. An experienced attorney may be able to negotiate reduced charges or penalties and help you avoid jail time through:
- A plea bargain. Your attorney can negotiate on your behalf to secure a plea deal that’s in your best interest.
- Proving mitigating circumstances. The court may grant leniency if this is your first offense, and your attorney presents mitigating circumstances that promote leniency.
- Proving that your Constitutional rights were violated. The police may not have had reasonable suspicion to stop your vehicle or probable cause for a search. They may have failed to advise you of your rights or not followed proper procedures.
If your rights were violated, your attorney may be able to file a motion to dismiss incriminating statements, suppress illegally obtained evidence, or potentially have the charges dismissed entirely.
Build a Strong Defense and Protect Your Rights
An attorney will gather evidence, look for weaknesses in the prosecutor’s case, and build a strong defense for your case. They will fight to protect your rights every step of the way.
In some cases, DUI charges are based on subjective evidence. The prosecution must prove beyond a reasonable doubt that you were driving under the influence. Presenting evidence that the Breathalyzer tests were inaccurate or the police did not follow the proper protocol may be enough to create reasonable doubt in the eyes of the jury.
Help You Find the Best Course of Action
When you’re faced with DUI charges, an attorney can help you stay grounded and find the best course of action to take in your case. Their knowledge of DUI laws can help you achieve a better outcome, and they can explain the pros and cons of each option, including plea bargains.
How a DUI Attorney from Cutler Law Office Can Help You
DUI charges are serious. Don’t leave your future to chance. An experienced attorney will help you find a path forward and devise an effective defense strategy
At Cutler Law Office, we have been helping clients fight DUI charges for over three decades. We understand that a DUI charge can leave you feeling hopeless and uncertain about the future. We’re here to answer your questions and help you understand what to expect as we move forward with your case.
Attorney John Cutler fights tirelessly to protect the rights of his clients and has taken extensive training to understand DUI laws and how the police are supposed to conduct their DUI investigations. John Cutler has taken:
- National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Testing Student and Instructor courses. This is the same course that officers take to investigate DUIs and conduct the standardized field sobriety tests (SFSTs). Mr Cutler is qualified, to perform the SFSTs and to teach the course.
- National Highway Traffic Safety Administration’s Advance Roadside Impaired Driving Enforcement (ARIDE) Course. This is the same training officers receive to help them detect drivers under the influence of drugs.
- Cutler strives to attend continuing education focused just on DUI cases and the science behind DUI charges.
These unique insights and knowledge of DUI law and sobriety testing and how the officers are supposed to do their job allow him to build strong defenses for his clients.
If you are facing DUI charges, do not wait to seek legal representation.
Contact Cutler Law Office today to schedule a consultation with a Rexburg DUI lawyer. Our firm also serves Blackfoot, Rigby, St. Anthony, Idaho Falls, Arco, Island Park, and the surrounding areas.