When you or someone in your family receives a charge for driving under the influence (DUI), you may feel understandably worried over the outcome of your case. Depending on your individual circumstances, you may have to spend time in jail, pay a fine, give up your driver's license, or some combination of the above as well as additional fines and penalties including mandatory installation of an ignition interlock device.

The more thoroughly you understand how the courts implement DUI laws and charges and how the right attorney can help build a more effective defense, the greater your chances for an optimal outcome. Start by exploring the answers to these frequently asked questions about DUI cases.

How Do Specific Circumstances Affect the Severity of DUI Charges and Penalties?

The degree of intoxication or impairment at the time of the arrest may impact the severity of the charge and penalty. A BAC exceeding 2.0 percent, for instance, may draw more severe penalties than a BAC of 0.08 percent, which in turn may draw harsher penalties than a juvenile charge at just 0.02 percent BAC.

In accordance with the state's implied consent laws, you have to consent to blood, breath, or urine testing at the time of a DUI arrest. Refusal to do so can harm your case in court and lead to additional penalties, including license suspension and fines.

Prior DUI convictions can steepen the penalties you may face. For example, a first offense may draw up to six months in jail, up to $1,000 in fines, or a 90- to 210-day license suspension. Second offenses can draw up to one year in jail, $2,000 in fines, and a minimum of one-year license suspension.

A third DUI offense in Idaho can mean a prison sentence of up to 10 years, $5,000 in fines, and a license suspension of up to five years. A first, second, or third offense will also mean that you have to install an ignition interlock device that prevents the car from starting unless you test below the legal BAC limit.

Why Do You Need Skilled Legal Representation for Your DUI Case?

If the facts and evidence presented in your DUI case seem fairly straightforward, you might assume that no one can save you from the worst punishments on the books. In reality, a skilled, experienced attorney can point out many mitigating factors to soften your sentence or possibly even get your case dismissed.

Some DUI cases may face dismissal if your attorney can point out a legal or administrative error in your arrest. For example, the court may rule an arrest improper if the arresting officer had insufficient motivation to pull you over, failed to administer BAC testing correctly, or mishandled the chain of custody for a blood test.

Other DUI defenses may point out extenuating circumstances that led you to drive impaired against your intentions. Examples include someone forcing you to drive while impaired, an emergency that made driving absolutely necessary, or an honest belief that an ingested drug's intoxicating effects have worn off.

Your attorney might even have sufficient evidence to defend your case on the grounds that you consumed the intoxicating substance unknowingly or involuntarily. For instance, if you drank an innocent-looking spiked punch at a party you might have driven intoxicated because you didn't know that you had consumed alcohol.

Even if you knowingly consume an intoxicating substance and then drive, you may have a defense on the basis of entrapment if a police officer actually encouraged or facilitated this misbehavior in an attempt to facilitate the arrest. However, your attorney must show that you would not have indulged in such behavior otherwise.

A persuasive attorney may find a way to get your sentence reduced. You may have the opportunity to plead guilty to a lesser charge.  If so the judge may reduce your fine, reduce your jail term, or remove some portion of your sentence entirely.

Hart Law Offices, P.C., can provide invaluable legal advice and help you defend yourself against a DUI charge as effectively as possible. Contact our law office today to set up a consultation.

A DUI does not automatically or exclusively refer to drunk driving. As a legal charge, driving under the influence encompasses any attempt to control a vehicle (including sitting in the driver’s seat) while intoxicated by alcohol, drugs, or any other substance that impairs driving ability. Even a legally-prescribed medication might produce the necessary impairment.

The authorities evaluate alcohol-based impairment on the alleged offender's blood alcohol content (BAC) at the time of arrest. For most adult drivers of private vehicles, a BAC of at least 0.08 percent indicates legal impairment. However, drivers under the age of 21 violate the law by driving with a BAC of just 0.02 percent.

Commercial drivers face tighter legal driving limits than drivers of private vehicles. If you drive a commercial vehicle in Idaho with a BAC of 0.04 percent or higher, you may face DUI charges.

Raising a teenager is often one of the most trying times for parents. The situation can be especially disheartening for parents who find themselves dealing with an 18-year-old who is still living at home while engaging in illegal drug use.

In Idaho, a child of 18 is considered an adult and can be charged with serious crimes associated with drug use. These crimes include possession, distribution, and driving under the influence.

Studies show that teens and young adults who abuse drugs have a much higher risk of engaging in behaviors that can be dangerous or result in years of struggle. In fact, approximately 90 percent of adults who are addicted to drugs or alcohol first began abusing these substances during their teenage years.

Parents who have recently discovered that their child uses drugs or has been arrested for illegal actions relating to drug activity can best help their child by fully understanding their legal options. 

Understand the Problem

According to recent statistics published by D.A.R.E., nationwide drug use among high school seniors declined in 2016 for most drugs. Illegal marijuana usage, however, trended upward among this age group, with nearly 36 percent of teens nationwide admitting to the use of marijuana. 

Although less used than marijuana, prescription amphetamines, narcotic pain pills, and street drugs like heroin, ecstasy, cocaine, and meth continue to be used at a troubling rate, as well. In addition to the addiction concerns and the health issues that can cause, teens who use these drugs are also more likely to incur criminal charges.

Decide on a Treatment Path

Parents who discover that their teen is obtaining and using prescription or street drugs must take quick action to help keep the situation from spiraling out of control.

If the drug usage is occasional, counseling both individually and as a family may be helpful. Teens tend to experiment with drugs for a number of reasons, including peer pressure, emotional problems, and stress, all of which should be explored with a qualified therapist. 

Teen drug use that is discovered to be ongoing and frequent are signs that your teen has a dangerous addiction. While therapy can still be helpful, teens who exhibit signs of drug addiction may find in-patient drug treatment to be helpful in treating the addiction and instilling healthier behavior. 

Take Action After an Arrest

Parents who fail to recognize the signs of teen drug use may first find out about it when their child is arrested and charged with some type of crime. If the crime is nonviolent, parents may be able to petition the court to release them into their care. 

These agreements will likely contain strict guidelines, including obeying all laws, attending court dates, and remaining drug- and alcohol-free. Like any bond agreement, violating the agreed-upon terms of this type of arrangement can mean jail time or other serious legal ramifications. Teens who are accused of violent or serious crimes may not be 

eligible for this type of release. 

Explore Drug Court

When an 18-year-old finds themselves in legal trouble due to drug use, rehabilitation is always preferable to prison. Idaho drug courts have been successful in helping these young adults rehabilitate and resume a healthier, drug-free life. 

Navigating the Idaho court system and attempting to make the best decision for your child is difficult for parents who are in this type of stressful situation. Seek confidential advice from our legal team at Hart Law Offices, P.C., to determine how to best help your child solve their legal problems and regain control of their life. We can help protect your child’s interests and preserve their future.

Divorce is difficult for everyone, but it is often most difficult for the children involved. The time after a divorce is usually uncertain, but you can make things less uncertain for your children if you and your child’s other parent collaborate and show a united front. Doing so will help the children have more confidence in their new situation and make visitation more pleasant.

The following are some tips both you and your child’s other parent can use to help your children get used to the idea of visitation.

Remain Positive When Discussing Upcoming Visits

When the time comes for the exchange of your children with their other parent, face it with a positive, upbeat attitude. Never let any issues between you and your child’s other parent cloud the time prior to your custody exchange. Communicate with your child’s other parent about any activities he or she has planned with the kids so you can help them get excited about the visit.

Show Up on Time

When your time comes for visitation, pick the children up promptly. This shows both your children and your child’s other parent that you value their time. Doing so also shows your children they are your priority. You do not want to be regularly late for your pickup times, as your child’s other parent could take you back to court for consistently missing the agreed upon time of exchange.

Be Present

When you spend time with your children during your visitation, do all you can to make the most of your time together. If possible, remove yourself from work or emails while your children are with you. Spend time together doing family activities, such as reading together or playing board games.

Follow the Parenting Plan Calendar

During your divorce, you and your child’s other parent should create a parenting plan. Part of a parenting plan is a calendar just for the children. You should always have a copy of the calendar where you can see it to prevent missing important events.

Mark the calendar with anything pertaining to the kids as they occur, such as weekly dinners together, vacations, overnight visits not previously scheduled, and so on. This helps to make the schedule more predictable for the children and yourself.

Allow Children to Bring What They Want

When you send your children to the other parent, or when the kids come to your home, allow them to bring the items that make them comfortable. Comfort items make children feel more secure and at home. A loved stuffed toy or blanket can make a huge difference in a child's life.

Do not allow your emotions toward your child’s other parent prevent your child bringing something he or she received from your child’s other parent.

Allow Phone Calls

If your child wants to make a phone call to your child’s other parent on your visitation time, allow the child to do so. Especially at first, your child may have a difficult time going days at a time not speaking to both parents. Encourage daily calls to say goodnight at the very least. Your child may also want to call when certain things happen, like a skinned knee or a lost tooth.

This behavior helps show you are willing to compromise with your child’s other parent for the sake of the children. Allowing calls also fosters a good relationship with your child. If you disallow phone calls, your child may hold resentment against you.

Divorce is never an easy time, but you can make things easier by working together with your child’s other parent when it comes to all aspects of your children. If you have any questions about your divorce or need assistance with any family law issue, please contact us at the Hart Law Offices, PC.

ORGANIZATION DURING YOUR DIVORCE

When you go through a divorce or deal with a custody matter, you have to collect and maintain a lot of information. This can turn into a frustrating experience if you do not stay organized. You need to have the ability to put your hands on certain information at any given time. Use these tips to keep you organized during the divorce process.

Gather Organizational Materials

The first step is to get the necessary tools you need to get your information organized. An expanding accordion folder is one of the easiest ways to help keep paperwork organized. The folder has tabs you can label with the appropriate information, such as custody, child support, assets, and so on.

You can also opt for a filing rack with manila folders. File and sub-file your documents if you prefer. For instance, you can create a master file for custody with sub-files pertaining to different components of custody, such as schedules, copies of your parenting plan, and the like.

Some people prefer to organize their paperwork digitally. You will need a scanner and a space on your computer or the cloud to store and organize your information. Be careful with this option, however. You never know if your computer will crash or if your information will suddenly go missing. Always maintain your hard copies just in case.

Decide Which Documents You Need

Once you decide how you want to organize your documentation, the next step is to decide which papers should go in your files. In general, you should aim to keep every piece of documentation pertaining to your divorce until you know for sure you will not need it.

Start with a few basic files. Make a file for finances, your children if you have them, your personal property subject to asset division, and the paperwork you receive from your attorney.

You may also want to create an outbox file to keep up with papers you need to submit to your attorney and to the court. An outbox file makes it easy to collect the necessary documents and bring them to your attorney the next time you have a meeting.

Documents that pertain to your mortgage, banks, credit cards, investments, retirement, and anything else related to money should go in your finance file. Your children file should include your children's Social Security cards and birth certificates if you have them in your possession, school and extracurricular activity schedules, child support information, and so on.

For your attorney file, maintain any documents provided to you from your divorce attorney.  Personal property files should include receipts for each item to prove you paid for or own them.

Protect Your Files

Once you create and file your necessary documents, be sure you safeguard everything. You need to have access to your papers at any point in time during a divorce, so put them in a place you can get quickly. A storage facility or safe deposit box is not the best place.

A great place to keep your files safe and away from children, pets, or anyone else who could accidently damage them is a closet or in an empty file drawer in your filing cabinet. Keep your files out of the way but where you can easily get to them.

To ensure you always have everything, make copies of all your documents and store them in a secondary location.

If for some reason you do lose some or all of your paperwork, let your attorney know right away. He or she may be able to replace some of the documents and help you expedite the process of obtaining copies of others.

If you need assistance with your divorce, please contact us at the Hart Law Offices, P.C.

Six Discussions You Should Have With Kids During A Custody Battle

Having custody of one's own children is a basic privilege that many parents feel they should never have to give up or compromise on. No one set path is right for every parent who is fighting for time with their kids. However, there are some basic things that you need to talk about with your children to help them thrive during the challenges of any custody battle.

1. Talk About How Much Your Ex Loves Your Kids

One thing you probably won't feel like doing during a tough custody battle is gently singing the praises of your ex. However, your co-parent will be a vitally important part of your children's lives forever, so try to remember why you chose them in the first place. Once you connect to that, talk to your children about how much their other parents loves them just like you do.

Unless your ex is abusive or otherwise dangerous, you should encourage the relationship that your children have with your ex. Talk about the positive things that the other parent has said about your kids. Give your children examples that show how much your co-parent loves them. Kids should know that their parents are putting them first and that they're loved intensely by both parents. 

2. Get Your Children's Feedback About How You're Handling Things

Being able to confidently say that you are doing the best that you can for your children is one thing; having the courage to then turn to your kids and ask for their honest opinion about how well you're managing the situation is another. Nevertheless, this act can go a long way towards helping your children feel heard and respected. 

Sit down with your kids and have a frank, honest discussion about how well they feel things are going during the custody battle. Ask them what they would do differently if they were you or your ex. Let them know that it's okay to open up and that you'll love them just the same no matter how they feel about the custody arrangement. 

3. Make an Emergency Plan for Difficult Emotions

Things aren't always going to feel okay during a divorce, and children don't always understand that these horrible emotions are temporary. Talk to your kids about what they should do when they get overwhelmed or feeling really sad during the custody battle. Make an emergency plan for how they can handle feelings that hurt and times when they get really mad or sad. 

Not every child is going to feel comfortable talking about how they feel during a divorce. They may fear that they'll accidentally hurt their parents if they point out how terrible the custody battle is making them feel. Tell your kids that they can come to you with any emotion. However, also point out the other people in their lives that they should trust and feel free to confide in. 

4. Reassure Your Children About the Changes in Their Lives

Nothing stays the same except for change. That's how the old adage goes, and kids are probably feeling like that in the aftermath of a divorce. Don't ignore the obvious fact that change is difficult. Acknowledge that your kids are facing something difficult, yet let them know that you see how well they're handling it. Simply acknowledging the difficulty of change can help kids cope with it.

Also, reassure your children that the changes can be positive, too. While you shouldn't dismiss any negative feelings your kids have about the new, inevitable changes they'll face during a custody battle, point out the good things. For example, the changes in their schedule may lead to meeting new people and making new friends. 

5. Ask Your Kids About Their Fears

Children may get terrified of losing either parent during a custody battle. They may be hurt by the idea that both parents dislike each other, which then causes them to fear that their parents will stop loving them. Some kids develop monumental fears of losing either or both parents forever. A wide variety of fears can pop up within children as parents are vying for custody of them. 

The best way to take the power out of your children's fears is to bring them out into the open. Rather than letting them fester inside where they may lead to a host of unhealthy coping mechanisms, try to get your children to open up about their fears. If they have a hard time doing so, consider going to family therapy where you can have therapist-led difficult discussions.

6. Discuss How Your Kids Can Support Each Other 

Children can also be a big support system for each other. Your children will be experiencing all these new changes together. Talk to them about how they can help each other. Identify simply things that older siblings may do for younger ones and vice versa. Strengthening their sibling bond during a divorce can be immensely helpful. 

No custody battle was ever an easy, straightforward process. There will be inevitable bumps along the way. Try to be as adaptable as possible and be kind to yourself along the way. Contact the caring team at Hart Law Offices, P.C. today to discuss the specific circumstances of your custody battle. We have experience in helping parents fight for their kids and win.

Parenting Plan Advice All Divorcing Parents Should Ignore

While a divorce is sometimes inevitable, acrimony with your ex over custody doesn't need to be. When you and your ex are both able to put the best interests of the children first during the divorce, everybody wins. The parenting plan you make during the divorce can lead the way to successful co-parenting as you officially separate.

What may surprise you is how many people want to weigh in with advice. You are sure to receive well-meaning faux wisdom about child custody from a variety of people, ranging from acquaintances you run into at the grocery store to single friends who don't have children. If anyone offers you the following advice about your parenting plan, simply ignore it.

Bad Advice: Always Stick to a Strict Schedule

While the parenting plan should guide the way and both parents should respect the agreement that is made, life happens. If your ex slips up and misses a pickup time, you shouldn’t always make a big deal out of it. Yes, you should set clear boundaries and enforce them. However, a big part of making a parenting plan work is being flexible.

Bring up any issues with your ex as you go along. Stick to schedules as best you can. Just remember that parents are only human. You are both sure to make mistakes along the way. The more gracious you can be to each other, the better example you'll set for your kids.

Bad Advice: Don’t Be Afraid to Play Dirty

You should never play dirty during the divorce if you have children. No matter how angry you may be at your ex, trying to get even through child custody matters will ultimately hurt your children. If you're tempted to do something just to get even with your ex, think about how it may impact your kids now or even in 20 years from now.

Since you and your ex will always have your kids in common, you will have reasons to be in each other's lives forever. Even after the children have grown up, you may need to talk about how matters concerning your offspring. You may even one day share grandchildren. Like it or not, the relationship will be ongoing, and the kids will suffer if it's an acrimonious relationship.

Bad Advice: All Parents Need to Be in Their Kids Lives

Most parents deserve to be a very important part of their children's lives. However, the exceptions to this rule are quite serious. If your ex is abusive to your children in any way, protect your kids from that abuse in any way you can. You can't collaborate on a parenting plan with someone who you fear will abuse your child during the time when they have custody.

Some parents look the other way when the abuse is not something as extreme as they envision abuse to be. They may fear that they'll be perceived as a problematic parent who's starting drama, and they may think that a judge would ignore their complaints. However, the long-term effects of abuse on a child are not worth the short-term gains of keeping the peace.

Seek the advice of a lawyer and go to court. Take any other action that your lawyer advises to protect your kids. The parent-child bond is strong, but it shouldn't be prioritized over a child's well-being. It may seem like it would minimize trauma to your children to avoid conflict, but all types of abuse should be immediately and fully reported to law enforcement.

Bad Advice: You Don't Owe Your Kids Explanations

While you don't have to explain every parenting decision in detail to your children, talking to them about your parenting plan can help them feel respected and included. They may already feel helpless in some ways because of the divorce. So, after considering the age and maturity level of each child, try to discuss the major parenting plan decisions with them.

Be sure to handle this conversation with care. If possible, include your ex. You may even plan to sit down together as parents and have a family meeting to talk about the changes that will happen based on the parenting plan. Your children are likely to have lots of questions.

Talk to your ex about how you will handle the most anticipated questions. Some questions kids may have are as follows: 

• Why can't they live in one house all the time anymore?

• Why are they not spending more time with one parent?

• What is the point of moving?

• Will they have two of everything now since they have two homes?

• Why is the divorce happening?

Answer your children's questions as simply as possible. When you prepare answers to most questions with your ex, you won’t overshare or reply in a way that your ex may find objectionable.

Finally, you don't have to do this alone. You most certainly shouldn't try. Seek the advice of an experienced divorce attorney when it comes to making serious decisions about child custody. Whether you’ve just considered a divorce or are ready to file, contact Hart Law Offices, PC today to speak to a caring member who can schedule an appointment for a free consultation.

When a state court convicts a child of committing a crime, that child may receive penalties ranging from verbal warnings to confinement. In some cases, a juvenile may even receive very similar penalties as an adult convicted of the same crime. Any leniency in the court's sentencing often hinges on top-notch legal representation.

As a concerned parent or guardian of a child who faces criminal charges, you need to understand how juvenile court differs from adult court, where the two share similarities, and what to expect in terms of defense strategies and sentencing options. Start with the answers to these frequently asked questions about juvenile criminal charges.

How Do Juvenile Criminal Charges Differ From 

Adult Criminal Charges?

Juveniles may find themselves accused of the same types of crimes as adults, from petty theft to assault and battery. Prosecutors may make the same cases, employing the same techniques and evidence, as they would in the trial of an adult. The main difference usually involves the severity and duration of sentencing following a conviction.

Incarceration usually takes a more lenient form for juvenile offenders than for adults. Almost one-half of all juveniles found guilty of a crime receive probation. If they violate that probation, the court may then force them to serve some or all of their sentence in a juvenile correctional or detention center.

Who Qualifies as a Juvenile Under Idaho Law?

Section 20 - 502 of Idaho's Juvenile Corrections Act defines a juvenile as an individual who had not attained the age of 18 at the time of the alleged crime. The state sets no minimum age for this category. Children younger than seven years of age rarely go to juvenile court, although the court may hold their parents or guardians liable.

Children as young as seven as and old as 18 may face charges in juvenile court. The most common age range involves children aged 12 to 15. In recent years, however, an increasing number of cases have tried older teenagers as adults instead of juveniles.

When Can the Court Try a Juvenile as an Adult?

Idaho courts may try, convict, and sentence children as adults if they commit certain crimes when aged 14 or older. The crimes in questions include robbery, arson, mayhem, murder, rape (including the forcible use of a foreign object for sexual penetration), crimes against nature, and assault with the intention of committing such crimes.

If the juvenile court chooses to waive its usual jurisdiction in these cases, offenders may go to trial in adult court and receive adult penalties. Once the court has defined an individual as an adult, that individual will automatically go to trial as an adult for any future crimes.

The Court may waive Jurisdiction, if requested by the State, for other crimes as well.

How Does Juvenile Court Handle the 

Sentencing of Juveniles?

Juvenile court has considerable leeway in setting sentences for individuals convicted of crimes. Many of these sentencing options don't involve incarceration. Examples may include verbal warnings, counseling, fines, community service, and electronic monitoring that permits constant tracking of juveniles' locations.

A court may hand down more than one of these sentences simultaneously. As a result, a convicted juvenile might undergo a combination of counseling, community service, and other such sentences for the same crime.

In many states (including Idaho), more serious offenses may force the court to impose some form of incarceration. In some cases, juveniles may receive a sentence of house arrest or other home confinement. Others may have to live in a foster home or with a relative other than their parents. Still others may have to go to a juvenile detention facility.

Sometimes a court may impose a blended sentence. In this scenario, individuals serving a juvenile detention sentence must serve an additional sentence in an adult jail once they turn 18.

What Can a Skilled Attorney Do for Juvenile Cases?

A skilled attorney with experience in juvenile criminal cases can present a strong defense on your child's behalf. The case built by your attorney may emphasize such mitigation factors as the defendant's youth, clean previous record, commendable attitude, and home/family background to help reduce charges or even get them dismissed.

A reduced charge can make an enormous difference in the sentence imposed. For example, say that a juvenile knocks someone down and then steals that person's backpack. If the court tries the juvenile for battery and/or petty theft instead of robbery, the juvenile will not go to trial as an adult, thereby avoiding the possibility of prison time.

The decision of whether to charge an individual as a juvenile or as an adult occurs during the preliminary hearing phase of a criminal case. This hearing generally occurs within days, and sometimes within hours, of the arrest. For this reason, you need to engage your legal counsel as quickly as possible.

If your child faces criminal charges, talk to the legal experts at Hart Law Offices, P.C. Our office has extensive experience defending juveniles and working to obtain the most positive outcome in criminal cases. Contact us today for a consultation.

Intoxicated driving contributes to many traffic accidents, injuries, and fatalities across all age ranges, both in Idaho and nationwide.  According to the latest available data, 14.3 percent of Idaho minors consume alcohol in any given month, with 9.1 percent of those minors indulging in binge drinking within the same period.

A minor charged with driving under the influence can face some significant penalties, from license suspension and supervised probation to fines and jail time. If you or another minor in your life have wound up in this situation, understand Idaho DUI laws and your potential legal options. Consider the following four key points.

1. The Law Sets a Low Intoxication Bar for Minors

Idaho law enforcement officials can charge adults with DUI if they register a blood alcohol content (BAC) of 0.08 percent (or 0.04 percent for drivers of commercial vehicles). The amount of alcohol needed to reach this level depends on a variety of factors, from gender and weight to alcohol tolerance and speed of consumption.

For Idaho residents under the age of 21, however, the bar indicating intoxication rests much lower. A BAC reading of just 0.02 percent will earn a minor driver a DUI charge. Legal authorities sometimes refer to these low-level charges as minor DUI or baby DUI, partly because they draw less severe charges than a standard DUI.

2. Idaho Enforces Implied Consent for Alcohol Testing

You might assume that, since blood alcohol testing plays a crucial role in determining intoxication behind the wheel, you can avoid an arrest and criminal charges simply by refusing to have yourself tested. Unfortunately, this strategy often backfires, causing intoxicated minors and adults alike to suffer unforeseen consequences.

According to Idaho's implied consent laws, you must submit to a request for blood alcohol testing at an officer's request. If you refuse, you could receive a $250 fine and an automatic license suspension on top of whatever other penalties you get. Your refusal may also serve as additional evidence against you in court.

3. Minor DUI Offenders Can Face Serious Penalties

State law enforces a zero-tolerance policy toward underage drinking and driving. This policy guarantees that even
State law enforces a zero-tolerance policy toward underage drinking and driving. This policy guarantees that even first-time offenders will receive some sort of penalty if found guilty of DUI. These penalties will include an alcohol evaluation or counseling, a fine of up to $1,000, and a suspended driver's license.

The license suspension covers a one-year perio first-time offenders will receive some sort of penalty if found guilty of DUI. These penalties will include an alcohol evaluation or counseling, a fine of up to $1,000, and a suspended driver's license. The license suspension covers a one-year period, with no allowances or exceptions made for the first 90 days. After this period has ended, the court has the option to grant your request for limited driving privileges for commuting to work or for emergency situations.

Repeated offenses for minors can earn even more serious penalties. A second DUI offense will cost you between $500 and $2,000 in fines as well as a jail term of five to 30 days. You will receive a license suspension of at least one year and possibly up to two years, plus a mandatory alcohol evaluation.

Even after you have completed the mandatory part of your license suspension, you will need to equip your vehicle with an ignition interlock device (or only drive vehicles already equipped with such devices). An ignition interlock contains an alcohol-testing monitor that allows the car to start only after you blow an acceptable BAC.

A third offense within a five-year period will require you to pay a fine of $1,000 to $2,000, undergo an alcohol evaluation, and complete a jail term ranging from ten days and six months. You will also receive a license suspension until you reach the age of 21 or for at least one year, after which you must use an ignition interlock.

4. A Valid Defense Might Get Your Case Dismissed

Even under Idaho's zero-tolerance policy, you might have legal grounds for receiving the minimum allowable penalties or even dismissing your case altogether. For instance, you might agree to plead guilty to a reckless charge, a lesser offense. A skilled attorney may also help you explore other plea bargaining options.

A DUI charge made under questionable circumstances may open the door to a dismissal. For instance, if your arresting officer did not observe multiple indicators of your intoxication (as opposed to simply noting one irregularity in your driving habits), your attorney may argue that the office has insufficient grounds to investigate further.

Sometimes, the tests used to determine intoxication can prove less than totally reliable. Your attorney may choose to remind the court of how even sober people can have trouble passing a physical coordination test. Your attorney might also contest the reliability of a borderline BAC reading.

Hart Law Offices, P.C., can evaluate your DUI case, look for mitigating circumstances or grounds for dismissal, and help you defend yourself as successfully as possible. Contact us today for a free consultation. We look forward to helping you.