Your Constitutional Rights & Defense Never Take a Backseat
At the Cutler Law Office, P.A., your constitutional rights and driving under the influence (DUI) defense never take a backseat when you retain the Idaho Falls criminal defense lawyer from our firm!
We know how the criminal justice system works, but most importantly, we know your rights after you have been placed under arrest for an alleged DUI offense. When all hope seems lost, you can rest assured that you have a legal advocate during this time who is not afraid to go the distance to safeguard your constitutional rights. Contact the professionals at Cutler Law Office, P.A. today to schedule a consultation with a DUI attorney in Idaho Falls.
We investigate each case and look for effective defenses for your case, no matter how complex or difficult your case may seem. Because our lead attorney is licensed to practice in all levels of courts in Idaho, our firm can be trusted to provide you with an effective defense in both state and federal courts.
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.
Our Idaho Falls Firm Can Handle Any Misdemeanor & Felony Charges
We have been providing effective defense strategies to motorists and commercial drivers throughout Idaho Falls for more than 30 years. Because we are licensed to practice in all courts in the state of Idaho, we can handle a wide range of cases involving DUI charges.
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. We can handle misdemeanor and felony charges related to DUI and can provide an effective defense on your behalf for any of the following:
- Administrative license suspension hearings
- Boating under the influence
- Commercial driver’s licenses
- Drugs and driving cases
Bringing Unique Experience to Your Defense
DUI cases involve a complex merging of science and law. In addition to knowing the law and the science of a DUI, a DUI attorney must know the administrative rules, and proper procedure manuals used by law enforcement in DUI cases. Thus, the crime of DUI is not for an attorney that dabbles in DUI defense. At Cutler Law Office, P.A. we don’t dabble, we will use the experience Mr. Cutler gained as a deputy prosecuting attorney who handled DUI cases, and his continuing education and experience to help our clients.
As one of the few Idaho members of the National College of DUI Defense (NCDD), Mr. Cutler is required to attend seminars regarding the latest in DUI defenses and techniques. Additionally, Mr. Cutler has taken the time to attend the same training the officers take to detect DUI drivers and perform the standardized field sobriety tests (SFSTs). He not only took the student course but also took the instructor course. In 2022, Mr. Cutler also took the Advance Roadside Impaired Driving Enforcement (ARIDE) Course. This course deals with drugs and the impaired driver. Knowing how the officer is supposed to do his job helps Mr. Cutler properly prepare a case for motions and trials.
In addition to his membership in the NCDD, Mr. Cutler is also a founding member of the DUI Defense Lawyers Association (DUIDLA), member of the Idaho Association of Criminal Defense Lawyers (IACDL), and the National Association of Criminal Defense Attorneys (NACDL). Mr. Cutler currently sits on the Board of the IACDL and is the State Delegate for the NCDD. These are all organizations that help Mr. Cutler stay current on the most recent defenses to DUI cases. Mr. Cutler is committed to DUI defense. Retain our firm to utilize our unique insight into criminal and DUI laws in your favor!
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.
DUI attorneys are skilled legal professionals who are knowledgeable of the unique DUI laws in Idaho. Perhaps you are not guilty of the DUI you are being charged with, or perhaps you simply made a one-time error in judgment. Even if you believe you are guilty of the offense, pleading guilty is rarely the right thing to do, as your attorney could potentially have your charges reduced, or dropped altogether. If there is a plea deal to be made, your DUI defense lawyer will make the best deal possible through negotiations with the prosecutor.
You can expect your Idaho Falls DUI lawyer to keep on top of all deadlines for legal filings and to represent you at your administrative hearing to determine whether you are allowed to keep your driver’s license pending your criminal case. Your DUI defense lawyer will have knowledge of the local courts, meaning they will have relationships and a reputation with judges and prosecutors, which can be beneficial for you. If there is no way around a conviction, your DUI defense lawyer will negotiate for the most lenient sentence possible and be there to represent you at sentencing.
Even though a first DUI offense is usually a misdemeanor charge, a conviction could have long-term consequences, including being unable to obtain employment or losing your current job. You will likely have extremely high auto insurance rates for a very long time and may have to have an ignition interlock device installed on any vehicle you operate at your own expense. Being without a driver’s license can cause significant trouble in your life and complicate your ability to get to and from work or run necessary errands. Idaho Falls DUI lawyer John Cutler can help you minimize your criminal penalties as well as your collateral damages.
DUI Facts and Statistics
According to Idaho News, police in the state of Idaho arrested nearly 7,000 people for driving under the influence in 2020. Impaired driving was a factor in 6.7 percent of all crashes in Idaho but contributed to 43 percent of all traffic fatalities. In 2020, there was one individual killed in a drunk driving accident every four days. Male drivers comprise the vast majority of drivers involved in DUI crashes at 72 percent.
Are There Different Types of DUI?
Generally, DUI charges fall into the following categories of offenses Misdemeanor, Felony, and Enhanced:
- 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 as a 1st offense DUI which is a misdemeanor. If you get a 2nd DUI within 10 years of a prior misdemeanor DUI, you will be charged charges as a 2nd offense DUI which is also a misdemeanor. However, if on your 1st or 2nd DUI your breath test results are .20 or high, that DUI can be enhanced to an Excessive DUI. Additionally, there are other DUI that are 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. Additionally, if you are driving a commercial vehicle and have a breath test results of .04 or higher you can be charged with a misdemeanor DUI. The penalties increase in severity from a 1st offense to a second offense and an Excessive DUI has essentially the same penalties as a 2nd 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.
- Felony DUIs – 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 3rd DUI will be a felony DUI. Additionally, if you get an Excessive DUI and have a prior Excessive DUI within the last 5 years your 2nd Excessive DUI will be amended to a felony.
- 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 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.
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 merely was at the requisite level of alcohol.
Second, you can also be found guilty of a DUI if you are driving or in actual physical control of a motor vehicle while under the influence of alcohol, drugs or any other intoxicating substance or combination thereof. This theory of guilt does not require any particular level of alcohol or drugs, but merely that you consumed enough to influence or affect your ability to drive a car. Thus, even if you refuse a breath test the state can still proceed with a DUI charge if they can prove its influence or effect on your ability to drive.
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.
Pleading guilty before you know all the answers is never a good idea—and your Idaho Falls DUI lawyer can provide those answers, sorting through the details as a comprehensive defense is built on your behalf. A good plea bargain is almost impossible without a strong DUI defense lawyer fighting for you and your future. You are not in a fair fight trying to negotiate on your own against skilled Prosecutors.
So, while you may think handling your DUI case on your own is the best course of action, this decision could hurt you in many different ways. Whether your DUI is a misdemeanor, felony, or excessive, attorney John Cutler’s experience, education, and knowledge of DUI law provide a significant benefit over handling your own case or hiring another less experienced attorney who is not as well-versed in Idaho DUI cases.
Call the Cutler Law Office, P.A. for a DUI Consultation
If you have been arrested, do not wait another moment to retain a skilled and knowledgeable Idaho Falls DUI criminal defense lawyer who can draw from decades of experience to protect your best interests. We can sit down with you and discuss your case in detail so that we can determine which course of action should be taken and which defense strategies can be utilized in your favor.
No matter how difficult your case may seem, there still may be defenses available to you. Because DUI cases are time-sensitive, you should not wait another moment to retain our firm. We can answer your questions thoroughly, giving you at least a little peace of mind because you now have an idea of what lies ahead.
If you have been charged with a DUI crime in Idaho Falls (Bonneville County), Blackfoot (Bingham County), Rigby (Jefferson County), St. Anthony (Fremont County), Rexburg (Madison County), Arco (Butte County), or Island Park (Fremont County), contact Cutler Law Office, P.A. today for superior legal representation. Attorney John Cutler practices primarily in the 7th Judicial District of Idaho and is ready to speak to you today. In order to enhance your chances of attaining the best outcome possible, contact Cutler Law Office, P.A. today.