A DUI charge can have a traumatic effect on your life.  One mistake and suddenly your job, your family, and your future are all in doubt.  Find out exactly where you stand by contacting our Boise DUI lawyer and criminal defense law office for a 100% free consultation without delay.

A DUI case is a very serious matter, never plead guilty to a criminal offense before seeking legal representation. We provide a free consultation with the top Boise DUI lawyers in the Treasure Valley with decades of criminal law experience protecting your legal rights in Idaho court against the prosecuting attorney in your case.

DUI defense is a highly specialized aspect of criminal law and requires the superior legal counsel of an experienced criminal defense attorney and law office to aggressively fight drunk driving charges until all charges are dropped or reduced. Our DUI lawyers will assess your case details and provide you with aggressive legal defense and a proven defense strategy to fight for an outright dismissal or reduction of charges against you.

You have only 7 days following your arrest for your ID DUI attorney to fight against the automatic suspension of your driving privileges by the Idaho Department of Motor Vehicles. Our law office provides complete criminal defense services by local attorneys experienced in DUI defense and Idaho laws.

DUI Charges In Idaho

A driver can be charged with drunk driving under the Idaho criminal statute if he or she operates any vehicle on a highway, street, or any public vehicular area:

  • While driving under the influence of an impairing substance

  • With a blood alcohol concentration of 0.08 percent or more

  • With any amount of a Schedule I controlled substance or its metabolites in his or her blood or urine.

For drivers under age 21, Idaho has a zero-tolerance policy –  It is illegal for an under-age driver to operate a vehicle with any amount of alcohol or drugs in his or her system. And if a driver is operating a commercial vehicle, the blood alcohol concentration that constitutes impaired driving is 0.04 percent or more.

Schedule I controlled substances generally include a comprehensive range of opiates, opiate derivatives, hallucinogenics, depressants, and stimulants.

Even if the driver has a legal prescription for a controlled substance, driving with the drug in his or her system is prohibited. Having the prescription is not a defense to the charge.

Idaho Drunk Driving Penalties

  • The level of punishment for driving while intoxicated depends on several factors, including:

  • Whether the charge is a first offense or not

  • Presence of grossly aggravating, aggravating, and mitigating factors (explained below)

  • Whether anyone was injured or killed or whether the driver’s conduct was likely to cause injury or death

The assessment of grossly aggravating, aggravating, and mitigating factors in a criminal case is very complex and has a direct impact on the penalties that result from a conviction.

 Sentencing factors include:

  • Causing serious injury to or death of another person

  • A child under the age of 18 in the vehicle

  • Any prior alcohol-related driving conviction within seven years

  • Driving on a license revoked by a prior conviction

Aggravating factors:

  • Gross impairment or a blood alcohol concentration of 0.15 percent or more

  • Driving with a revoked license

  • Reckless or dangerous driving

  • Negligent driving that caused an accident

  • Passing a stopped school bus

  • Fleeing or trying to escape the police

  • Speeding by 30 mph or more in excess of the speed limit

  • Prior serious motor vehicle offenses, including those not DUI-related

Mitigating factors:

  • Relatively slight impairment or a blood alcohol concentration of less than 0.09 percent

  • A safe driving record

  • DUI circumstances that were otherwise safe and uneventful

  • Impairment by a legally prescribed drug on a dosage within prescribed limits

  • Voluntary entry in an appropriate treatment program after arrest

  • Proof of successful completion of 60 days under continuous alcohol monitoring system

DUI Sentencing Levels

Idaho has six levels of sentencing for DUI:

  • Level One DUI

  • Level Two DUI

  • Level Three DUI

  • Level Four DUI

  • Level Five DUI

The levels rank in decreasing order of severity from Aggravated Level One (the most serious) to Level Five (the least serious). The court determines the sentencing level following the DUI trial.

The court relies heavily on the assessment of mitigating, aggravating, and grossly aggravating factors in determining the sentencing level. For example, Level Five DUI, the least serious level, is likely to be applied when mitigating factors are present and no grossly aggravating factors are found. Level Five punishment can include a fine of up to $200 and a maximum prison term of 60 days. The judge may suspend in the sentence in Levels Three, Four, or Five if certain conditions are met. Potential fines and prison time increase as the sentencing level increases in severity.

 Level Five, sentencing Levels Four and Three are situations that involve no grossly aggravating factors. When grossly aggravating factors exist, the sentencing level will be Aggravated Level One, Level One, or Level Two.

The existence of three or more grossly aggravating factors lead to Aggravated Level One sentencing, which carries a maximum fine is $10,000 and a prison sentence of up to 36 months.

Additional DUI Penalties and Conditions

In addition to fines and prison terms, the conviction of a DUI offense likely will result in some or all of the following being imposed by the court:

  • Suspension or revocation of your driver’s license

  • Requirement for undergoing alcohol or drug assessment and treatment

  • The required performance of community service

  • Having an Interlock Ignition Device installed on your car

  • Payment of all fees and court costs related to the arrest and conviction

You Need A Lawyer To Defend You

If you are arrested on a DUI charge in Idaho, regardless of the circumstances, it is essential to retain an experienced Boise DUI attorney to represent you. DUI law is extremely complicated both in terms of how to defend against the criminal charge and regarding facts and circumstances that constitute mitigating and aggravating factors that affect the severity of sentencing.

Providing the best defense requires a Idaho attorney who knows the DUI law and the practices a police officer will follow relating to a drunk driving arrest. Our criminal defense attorneys have considerable experience representing clients against criminal charges in DUI defense cases.

In addition to DUI charges in Idaho, you can be charged with a DUI offense in federal court if you drive impaired in one of our Idaho’s federally-owned national parks and protected areas. Our attorneys handle federal DUI charges as well as Idaho DUI charges in Idaho.

The defense of a Boise DUI requires experience in a very specialized field. In addition to being well versed in evidentiary law, Idaho law, and constitutional law, a good DUI attorney must understand the science behind your blood alcohol test, and have the experience to understand how the Boise police make a DUI arrest.

With our aggressive and effective tactics and legal services, we have represented many clients in Idaho that have been charged with operating a motor vehicle while under the influence of alcohol or drugs.

Experience in the field allows us to uncover the weaknesses in the evidence against you. Every case is different, but the goal is always the same – charges dropped, dismissed, or reduced.

Retaining Your License And Keeping You Out Of Jail

If you have been accused of a crime in Idaho, contact our law office to speak with a Boise criminal lawyer that knows the system and is aggressive, committed, and tenacious in defense of your rights and your liberty.

We are a Boise-based criminal defense law office that is fully prepared to fight for your rights on any level. Our firm will ensure that if you are accused of a crime, you can have access to the highest quality attorneys who will defend you to the conclusion of your case.

If you or someone you care about has been charged with a crime, don’t wait, contact our criminal defense law firm today for a free consultation with an aggressive lawyer with prosecution experience to fight the police officers arrest report.

Protect Your Future

In theory, the criminal law system is designed to protect your rights as a citizen. But in the real world, law enforcement, and judges all have a job they are assigned to do – which is to convict you on criminal charges as quickly and easily as possible.

To do this, the criminal justice system counts on your lack of knowledge and inexperience with the legal system to allow you to help do their job for them.

The police will take advantage of your natural instincts to do the right thing and convincingly lie to you, threaten you, and intimidate you in a coordinated effort to have you give them the evidence they need to prosecute you with minimal effort.

That’s why you must have a Boise DUI lawyer who knows the local system and will hold the authorities accountable. A local DWAI attorney who will protect you from legal pitfalls and exploit the mistakes that law enforcement officers frequently make because of the haste in obtaining a DUI conviction against you.


Always remember that you have the right to remain silent. What you say can be used against you in court. So, remember this and contact an experienced Boise DUI attorney before you answer any questions about the incident. You may be arrested for DUI if a law enforcement officer has probable cause to believe that your ability to drive is impaired by drugs or alcohol, if your blood-alcohol level is 0.08 percent (or higher) or, under state laws, if you are driving with certain drugs in your system.

If you are under the age of 21, most states have zero tolerance for any alcohol-related driving offense. This means that any trace of alcohol will subject you to arrest and penalties regardless of blood-alcohol level. The same is true for those who drive commercial vehicles or school buses.

If you are stopped, be sure that the officer knows you are aware of your rights. If questioned, state that you do not wish to speak to police or anyone else about your activities, but will cooperate with the investigation.

The officer may allow you to go home without being arrested at this point if there is no indication of drug or alcohol use. However, the officer may retain your driver’s license for evidence.

If you are not under arrest, ask permission to leave before doing so. Otherwise, the officer may take you into custody for “investigatory” purposes and hold you until he or she can establish that no crime was committed.

Yes, you may refuse to take breathalyzer in Idaho. (Idaho Code 18-8004). However, if your BAC is .08 or greater the police can use other evidence at trial to prove that was under the influence of alcohol or drugs (Idaho Code 18-8004; Idaho Code 49-1401).

As a condition of obtaining a driver’s license in Idaho, you automatically consent to the state revoking your driver’s license unless you formally object to the Idaho Transportation Department within the first seven days following your arrest.

Our law firm is dedicated to serving  clients in Boise, Meridian, Eagle, Star, Nampa, Caldwell, and Emmett, Idaho. 

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