What conduct constitutes a DUI offense?

The state can prove you guilty of DUI under two theories of guilt. First is the per se theory of guilt. If you drive or are in actual physical control of a motor vehicle in the state, on a highway, street, or bridge, or on public property, or private property open to the public, with an alcohol concentration of .08 or higher (or a lower level for certain classes of DUI see above) you are guilty of a DUI. This theory of guilt does not require that the individual be impaired, but mere was at the requisite level of alcohol.

Do I Really Need a Lawyer for My DUI Case?

It can be extremely difficult for most people to know whether they have a chance for reduced charges or a reduced sentence, or if certain evidence against them is flawed and does not actually prove their guilt. A failed field breath test or BAC that was over the legal limit can be challenged by an experienced Idaho Falls DUI lawyer from Cutler Law Office, P.A. If there are any aspects like procedural errors, failed calibration test, or misconduct during your arrest or breath testing administration, then your attorney may be able to have your charges reduced or dropped altogether.

What Does a DUI Attorney Do?

DUI is a highly specialized area of the law, and attorney John Cutler has the education, experience, and skills related to DUI defense to ensure the best outcome possible in your case. If you have been arrested for DUI, you may be very concerned and unsure of what you need to do to safeguard your future. DUI attorneys employ many different legal nuances that can not only reduce your stress but potentially the severity of your punishment as well.

Idaho Falls DUI Lawyer | Protect Your Rights

Q: Is a DUI a Felony in Idaho?

The 3rd DUI offense within 10 years in Idaho is charged as a felony. The jail time for the third offense is 30 days to 10 years. You also face a fine of up to $5,000 and a license suspension of 1 to 5 years. A DUI could also be a felony if it was found to be an aggravated DUI, which means that the DUI has led to serious bodily harm or injury to another.

How We Defend DUI Charges in Idaho Falls

At Cutler Law Office, P.A., your constitutional rights and driving under the influence (DUI) defense come first. When you retain an Idaho Falls criminal defense lawyer from our firm, you get an advocate who knows how Idaho’s criminal justice system works and, more importantly, knows your rights after you have been arrested for an alleged DUI offense.

Idaho’s 7-day Administrative License Suspension deadline, the burden of proof under Idaho Code § 18-8004, and the standardized field sobriety test procedures Idaho officers follow are the details where DUI cases are won or lost. Our team has spent more than 30 years working those details on behalf of drivers across eastern Idaho.

Contact Cutler Law Office, P.A. today to schedule a consultation with a DUI attorney in Idaho Falls.

Why Choose Cutler Law Office, P.A. to Fight Your DUI?

As a former deputy prosecuting attorney for Bonneville County in Idaho, John Cutler knows the techniques and strategies that prosecutors may try to use against you. With this unique knowledge in hand, we will develop the best defense strategy for your case, focusing on protecting your rights and your driving privileges.

Mr. Cutler is also one of a few attorneys who have attended the same training that officers take to detect, investigate DUI cases, and administer the standardized field sobriety test. Mr. Cutler has completed both the Student and Instructor courses. Mr. Cutler has also taken the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) course, which deals with drugs and the impaired driver. Knowing how law enforcement is supposed to do their job helps both in analyzing and preparing a case and in cross-examining the officer on the stand.

We investigate each case and use our skill and knowledge to look for effective defenses, no matter how complex or difficult your case may seem. Attorney John Cutler is licensed to practice in all levels of courts in Idaho, enabling our firm to provide you with an effective defense in both state and federal courts.

Types of DUI Charges We Handle in Idaho Falls

We can handle misdemeanor and felony charges related to DUI and provide an effective defense on your behalf for any of the following:

DUI charges sometimes overlap with other criminal allegations. If your case includes domestic violence accusations alongside a DUI, we also defend clients facing Idaho Falls domestic battery charges and other related offenses.

Idaho DUI Facts and Statistics

According to the most recent data available from the Idaho Transportation Department, there were over 1,700 impaired driving crashes in the state in 2023, resulting in over 100 fatalities. Impaired driving fatalities made up nearly 40 percent of all traffic fatalities within the year. Idaho state police and local agencies made a total of 7,645 DUI arrests in 2023, only a 1 percent decrease from the previous year.

Idaho DUI Laws

Under Idaho Code § 18-8004, the state can prove you guilty of DUI under two theories of guilt. First, under the “per se” definition, you can be convicted if you drive or are in physical control of a vehicle with a blood alcohol concentration (BAC) of .08 or higher (or lower for specific cases). Impairment is not required; just being over the legal limit is sufficient to charge you with a DUI.

Second, you can be found guilty if alcohol, drugs, or other intoxicants impaired or affected your ability to drive, regardless of BAC. Even if you refuse the breath test, the state can pursue charges by proving the substances affected your driving. An experienced DUI lawyer can challenge the state’s evidence in these cases.

Criminal Penalties and Jail Time for an Idaho Falls DUI

DUI penalties in Idaho start running within hours of arrest. The Administrative License Suspension hearing must be requested in writing within 7 days of the arrest, separate from the criminal case itself. We cover the timing in detail in our overview of Idaho DUI license suspension deadlines.

Generally, DUI charges in Idaho fall into the following categories of offenses:

Misdemeanor DUIs

If this is your first DUI offense in the last 10 to 15 years and you were not in a serious accident (see below), you will be charged with a first offense DUI, a misdemeanor. If you get a second DUI within 10 years of a prior misdemeanor DUI, you will be charged with a second offense DUI, also a misdemeanor.

For more on what these charges look like in practice, see our overview of what happens to first-time DUI offenders and our breakdown of jail time after a first DUI arrest.

Excessive DUI

If your BAC is .20 or higher for your first or second DUI, the offense can be enhanced to an Excessive DUI. Excessive DUI has essentially the same penalties as a second offense DUI. Generally, the penalties include a fine, jail time, a license suspension, and possibly probation. Additionally, you will be required to obtain SR-22 insurance and install an ignition interlock system on every vehicle you drive.

Underage and CDL DUI

There are other DUI charges that fall into special categories and require different breath test results. For instance, if you are under 21, you can receive a misdemeanor DUI if your breath test results are as low as .02.

If you are driving a commercial vehicle and have breath test results of .04 or higher, you can be charged with a misdemeanor DUI.

Felony DUI

There are a few ways that your DUI offense can be a felony. First, if you receive a DUI and have two prior DUIs within the last 10 years, your third offense will be a felony DUI. The jail time for the third offense is 30 days to 10 years. You also face a fine of up to $5,000 and a license suspension of 1 to 5 years.

Additionally, if you get an Excessive DUI and have a prior Excessive DUI within the last 5 years, your second Excessive DUI will be amended to a felony. Lastly, if you have been convicted of a felony DUI and get another DUI within 15 years, it will be a felony DUI.

Aggravated DUI

Aggravated DUI charges mean your impairment was responsible for a car accident that led to injuries or deaths among the passengers in the other vehicle or in your vehicle, or that you hit a pedestrian or bicyclist, causing severe injury or death.

If you are charged with aggravated DUI, you are facing a felony, even if it is your first offense, and you should contact a DUI lawyer immediately. You could face penalties of up to 15 years in prison, fines as large as $5,000, and a driver’s license suspension of between one and five years.

Why Hiring a DUI Lawyer in Idaho Falls is Crucial

Navigating a DUI charge alone can be risky. Pleading guilty without fully understanding your options is rarely wise.

If you have been arrested for DUI, a skilled attorney can guide you through the process, reduce stress, and potentially minimize your penalties. Your Idaho Falls DUI attorney understands local DUI laws and court systems, can take your case to trial or negotiate with prosecutors to reduce or dismiss charges, and ensures all legal deadlines are met.

They can also represent you at administrative hearings to protect your driver’s license and seek lenient sentencing. Even a first-time DUI conviction can have lasting consequences, including job loss, higher insurance rates, and restricted driving privileges.

Attorney John Cutler is here to help safeguard your future and minimize the impact of a DUI charge.

Cutler Law Office, P.A. Is Uniquely Equipped to Fight Your DUI

DUI cases require a deep understanding of both science and law. Attorney John Cutler is one of few Idaho members of the National College of DUI Defense (NCDD), regularly attending seminars on cutting-edge DUI defense techniques, including one of the nation’s premier courses on blood alcohol testing, the Serious Science for Serious Lawyers Advanced Course in Blood Alcohol Analysis & Trial Advocacy seminar, hosted by NCDD in Dallas, Texas.

Mr. Cutler has completed the same training as law enforcement, including standardized field sobriety tests (SFSTs) and the Advanced Roadside Impaired Driving Enforcement (ARIDE) course, gaining valuable insights into DUI procedures. A founding member of the DUI Defense Lawyers Association and an active leader in the Idaho Association of Criminal Defense Lawyers, Mr. Cutler stays at the forefront of DUI defense strategies. Our firm puts that experience to work for you.

Contact an Idaho Falls DUI Lawyer Today

If you have been arrested, do not wait to retain a skilled and knowledgeable Idaho Falls DUI defense lawyer who can draw on decades of experience to protect your interests. We will sit down with you and discuss your case in detail so we can determine which course of action to take and which defense strategies will work in your favor.

We represent drivers in DUI cases throughout eastern Idaho. If your case will be heard outside Idaho Falls, we maintain dedicated defense resources for Ammon DUI cases, Rigby DUI cases, and Rexburg DUI defense. We also handle DUI charges in Idaho Falls (Bonneville County), Blackfoot (Bingham County), Rigby (Jefferson County), St. Anthony (Fremont County), Rexburg (Madison County), Arco (Butte County), and Island Park (Fremont County).

Contact Cutler Law Office, P.A. or call today to schedule an initial consultation with an Idaho Falls DUI defense attorney.

Idaho Falls DUI Lawyer

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