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Idaho Falls DUI Lawyer
We know your rights after you have been placed under arrest for an alleged DUI offense.
Schedule a consultation with a DUI attorney today
Contact UsIf you were arrested for DUI in Idaho Falls, the most important deadline is already running. You have 7 days from the date you were served the Notice of Suspension to request an Administrative License Suspension (ALS) hearing. Miss it and the suspension starts automatically, no matter what happens in your criminal case.
Attorney John Cutler is a former Bonneville County deputy prosecutor and a member of the National College for DUI Defense. He has defended DUI cases across eastern Idaho for more than 30 years. Contact us or call 208-525-4858 for a free consultation.
Why Choose Cutler Law Office for Your DUI
- Former prosecutor. John knows how Bonneville County prosecutors build DUI cases and where those cases are weak.
- Trained like the officers. He completed the standardized field sobriety test student and instructor courses and the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) course.
- DUI science. He is one of few Idaho members of the National College for DUI Defense and completed the Serious Science for Serious Lawyers course on blood alcohol testing.
- Leadership. Founding member of the DUI Defense Lawyers Association and active in the Idaho Association of Criminal Defense Lawyers.
How We Defend DUI Charges in Idaho Falls
Most DUI cases are won or lost on procedure. We review every report, video and test record for problems like these:
- The traffic stop: the officer needs reasonable suspicion to pull you over. Without it, the evidence that followed can be suppressed.
- Field sobriety tests: the tests must be given and scored the way the officer was trained. Weather, footwear, injuries and road surface all matter.
- The breath test: Idaho State Police procedures call for at least 15 minutes of monitoring before the test, and the instrument must be properly calibrated and maintained.
- Blood draws: a blood test generally needs a warrant or valid consent.
- Probable cause for the arrest: the State must show the officer had enough to arrest you, not just a hunch.
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.
Idaho DUI Penalties
A DUI counts as a first offense if you have no DUI conviction in the last 10 years.
| Charge | Jail or prison | Fine (up to) | License suspension |
|---|---|---|---|
| First DUI (misdemeanor) | Up to 6 months | $1,000 | 90 to 180 days; first 30 days absolute, no permit |
| Second DUI within 10 years (misdemeanor) | 10 days minimum, up to 1 year | $2,000 | 1 year absolute after release |
| Excessive DUI, BAC 0.20+ (first) | 10 days minimum, up to 1 year | $2,000 | 1 year absolute after release |
| Second excessive DUI within 5 years (felony) | Up to 5 years | $5,000 | 1 to 5 years after release |
| Third DUI within 10 years, or any DUI within 15 years of a felony DUI (felony) | Up to 10 years | $5,000 | 1 to 5 years after release |
| Aggravated DUI, causing serious injury or death (felony) | Up to 15 years | $5,000 | 1 to 5 years after release |
A conviction generally also requires an alcohol evaluation before sentencing (the court can waive it for some first offenses) and an ignition interlock after the suspension ends. Source: Idaho Code §§ 18-8005, 18-8004C, 18-8006.
What Happens After a DUI Arrest
- Days 0 to 7: request the ALS hearing with the Idaho Transportation Department.
- Arraignment, usually 1 to 3 weeks after arrest: your first court date in the magistrate division of the county where you were arrested.
- Pretrial, 1 to 4 months: we review the evidence, file motions and negotiate.
- Resolution, 3 to 9 months from arrest: a plea agreement or trial.
For the first-offense version of this timeline, see what happens to first-time DUI offenders.
Protecting Your License: The ALS Hearing
If you fail a breath or blood test, the officer serves a Notice of Suspension. You have 7 days to request an ALS hearing with the Idaho Transportation Department. Without one, the suspension starts 30 days after service: 90 days for a first failure, the first 30 with no driving, or 1 year with no driving for a second failure within 5 years. An ignition interlock is required for a year after either suspension. The hearing is our first chance to question the stop and the test, and it creates a record we can use in the criminal case. Learn more about the ALS hearing.
Types of DUI Charges We Handle in Idaho Falls
First-Offense DUI
A DUI counts as a first offense if you have no DUI conviction in the last 10 years. It is a misdemeanor carrying up to 6 months in jail, a fine of up to $1,000 and a 90 to 180 day license suspension, the first 30 days with no driving at all. A first offense is often the best chance at a reduced charge or a withheld judgment. Read what happens to first-time DUI offenders.
Excessive DUI (BAC of 0.20 or More)
A BAC of 0.20 or more is an excessive DUI. Even a first one means at least 10 days in jail, up to 1 year, a fine of up to $2,000 and a 1-year license suspension after release with no driving privileges. A second excessive DUI within 5 years is a felony. Because the charge rests on one test number, we focus on the test itself: calibration, the 15-minute monitoring period and how a blood sample was drawn and stored.
Felony DUI
A third DUI within 10 years, or any DUI within 15 years of a prior felony DUI, is a felony carrying up to 10 years in prison, a fine of up to $5,000 and a license suspension of 1 to 5 years after release. A second excessive DUI within 5 years is a felony carrying up to 5 years. The prior convictions that make a case a felony can sometimes be challenged, which can bring the charge back to a misdemeanor.
Aggravated DUI
A DUI that causes great bodily harm, permanent disability or permanent disfigurement to someone else is aggravated DUI. It is a felony carrying up to 15 years in prison, a fine of up to $5,000, mandatory restitution and a license suspension of 1 to 5 years after release. Even without prison, the law requires at least 30 days in jail. These cases often turn on accident reconstruction and whether impairment, rather than something else, caused the crash.
Underage DUI
Drivers under 21 can be charged at a BAC of 0.02. A first offense below 0.08 is a misdemeanor with a fine of up to $1,000, an alcohol evaluation and a 1-year license suspension, the first 90 days with no driving at all. At 0.08 or more, an underage driver is charged the same as an adult. An underage DUI can also affect school, scholarships and future jobs.
Commercial Driver’s License DUI
The limit in a commercial vehicle is 0.04. A DUI conviction, a failed test or a refusal disqualifies your CDL for at least 1 year, even if you were driving your own car, and for at least 3 years if you were hauling placarded hazardous materials. A second offense means lifetime disqualification, with reinstatement possible in some cases after 10 years. For a professional driver, we fight the criminal case and the disqualification together.
Drugged Driving
You can be charged with DUI for driving while impaired by marijuana, prescription medication or other drugs, even with no alcohol in your system. These cases usually rest on a blood test and the officer’s observations, and both can be challenged.
Boating Under the Influence
Operating a boat with a BAC of 0.08 or more (0.02 under 21), or while impaired, is a separate offense under Idaho’s boating laws, enforced on the Snake River and eastern Idaho reservoirs.
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.
What Clients Say
“This was the best experience I’ve had thank you Mr. Cutler and Mrs. Shauny for all there hard work and dedication helping with my DUI case and we were able to reduce the sentence to the best possible outcome and I was pretty happy on how he handle his job very well and I would recommend Mr. Cutler for any DUI and other cases involved in this area. Thank you guys so much!!” (Jordan V.)
“Mr Cutler is an excellent attorney and very knowledgeable at what he does! He continues to take classes to ensure he is up to date with changes in DUI laws. He is easy to talk to and helps you understand the court process! I felt very confident in Mr Cutler through the entire process! I highly recommend Mr Cutler!” (Diana L.)
Idaho Falls DUI FAQs
What conduct constitutes a DUI in Idaho?
Driving or being in physical control of a vehicle with a BAC of 0.08 or more, or while impaired by alcohol, drugs or another intoxicant. The limits are 0.02 for drivers under 21 and 0.04 in a commercial vehicle.
Is a DUI a felony in Idaho?
A first or second DUI is usually a misdemeanor. It becomes a felony with two prior DUIs in 10 years, a second excessive DUI within 5 years, a prior felony DUI within 15 years, or a crash causing serious injury or death.
Do I really need a lawyer for a DUI?
Yes. You have only 7 days to protect your license, and a lawyer can challenge the stop, the tests and the arrest, and negotiate for reduced charges or a withheld judgment.
How do you get a DUI dismissed in Idaho?
Dismissals usually come from a defect in the case: a stop without reasonable suspicion, a breath test given without the required monitoring period, a faulty machine, or a blood draw without a warrant.
How much does a DUI lawyer cost in Idaho?
It depends on whether it is a first offense, a felony, or a case that goes to trial. We explain our fees at your free consultation.
What does a DUI attorney do?
Requests the ALS hearing, collects the police reports, video and breath test records, files motions, negotiates with the prosecutor and represents you at trial if needed.
Contact an Idaho Falls DUI Lawyer Today
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 208-525-4858 today to schedule a free consultation with an Idaho Falls DUI defense attorney.
