If you are looking for a qualified and tenured DUI attorney, look no further than Atkinson Law Offices. We have been practicing criminal law in Boise, Idaho for over 10 years. At Atkinson Law Offices, we are passionate about protecting your rights.
Qualifications, Training, and Experience in Idaho DUI Laws
At Atkinson Law Offices, we have been handling DUI cases since 2009. DUI cases make up a large percentage of our annual caseload. We handle on average 6-7 DUI cases per month, with a total of over 900 DUI case representations all time.
Our group of DUI attorneys complete 30 credit hours of Accredited activities annually as members of the Idaho State Bar. Many of these trainings and continuing education courses assist in our DUI defense and cross examination skills.
DUI Attorney Reputation in the Ada County Legal Community
We are honest and hard working DUI attorneys, that know how to pick our battles. Other attorneys in the community know that when we go to battle on an issue, it is because it is a real issue. Not just someone barking at the wind.
DUI Attorney Representation in DMV Hearings & DUI Court
Our fee structure covers representation in both the appeal of the DMV driver’s license suspension and the criminal DUI case.
As an added bonus to our clients, we often hire toxicologists and crash scene reconstruction experts. These services ensure that our clients have proper representation for their individual case and circumstances.
Our DUI Attorney Arrest Review Process Fully Investigates:
No Probable Cause
We always review the police reports to ensure the officer had probable cause for any search or seizure. We also ensure that the reports for probable cause coincide with the crime you are charged with. Probable cause is a low standard, and in most cases it is not an issue.
Faulty Breath Tests
We review the breath tests to ensure that the officers followed standard operating procedures in collecting the sample, and in administering the test. We also check the reports for any signs that the machine may have been malfunctioning, or out of calibration. Finally, we ensure that the administering officer was qualified and certified to operate the breathalyzer machine, and that their certification is current.
Mouth alcohol and lingering residual alcohol from things like dental work, burping, heartburn, etc. is certainly something we look for. There are tell tale signs when reviewing the report that alcohol may be present. For example, if the two samples are greater that .02 apart, that is evidence that there may possibly be mouth alcohol present. In this case, the officer is supposed to gather an additional sample. If an additional sample was not collected, it could possibly result in the test being thrown out.
Very few instances exist where the evidence of a medical condition impacting a DUI will be admitted at trial. Unless the medical condition results in mouth alcohol as discussed above. If for example your body metabolizes alcohol differently because of a medical condition you have, that isn’t going to be a viable defense. The State of Idaho has a law that makes it illegal to drive over the .08 limit. Some people have different body sizes, so how much alcohol it takes a 90 pound person to get to .08, and the amount it takes a 300 pound person to get to .08 is going to be a lot different. But that is also something the driver has to take into consideration when driving. If you metabolize alcohol differently, and because of that condition you will be over a .08 with one drink, then you shouldn’t be driving even after one drink.
Even if you were in fact driving under the influence, police misconduct can have the case dismissed. If the officer stopped you in your vehicle on suspicion of a crime that was not in fact a crime, then the evidence could possibly be suppressed. For example, we have had cases where the officer pulled our client over for crossing the fog line. But in Idaho it is not illegal to cross the fog line, because the fog line is not part of the lane. So we filed a motion to suppress, and the judge dismissed the case because of the unlawful stop.
DUI Jury Trial Success
Success in a DUI can be a simple as getting a fair plea deal. Or as complex as taking a case to trial and beating it. Very few cases go to trial and when we do, we usually win. Our DUI Attorney does not take a case to trial if we do not think it can be won. In the remaining cases that enter a plea deal, we usually negotiate a withheld judgment, which results in the dismissal of the case after a period of probation. So in that regard, most of our DUI cases ultimately result in a dismissal.
Lesser Charge Negotiation Tactics
In most counties in Idaho, the prosecutor will be unwilling to negotiate for anything other than a plea to the DUI charge. In most counties it is a waste of time and resources to bother trying to convince the prosecutor to reduce the charge. It may be worth trying if there is some issue with the State’s case, like a questionable breath alcohol blow, or a possibly unlawful seizure. But in most cases that’s not the case, so in most cases you want to work with the State on a resolution they will accept.
The withheld judgment is one thing that the vast majority of prosecutors will agree to in a case where the Defendant does not have a criminal history, and has never used a withheld judgment. Other negotiable options include those on jail time. For example community service, or Sheriff’s Inmate Labor Detail can be an option in lieu of jail. Oftentimes the State prosecutor may be receptive to an argument for unsupervised probation in a case where the Defendant has been proactive in getting an early alcohol evaluation, and complying with the evaluator’s recommendations for treatment.
Plea Deal Before Pretrial Motions vs Jury Trial
95% of DUI cases result in a plea deal prior to a jury trial. 85% of DUI cases result in a plea deal prior to any pretrial motions being filed.
Hiring Atkinson Law Offices vs. a Public Defender
The biggest difference between hiring a private DUI attorney and a public defender is that the private attorney will have much more time to work on your case than a public defender. Public defender’s are normally competent attorneys, but so busy that they may not be able to give your case the time and attention that you would like.
Clients hire us because of the trust they feel in our team. We are brutally honest with our clients. From the first day of our representation, to the least, our policy is to always be honest with clients. We do not make promises that we cannot deliver on. In addition, we do not needlessly scare clients for the purpose of making them think we did an amazing job on their case by helping them avoid an unlikely or unrealistic scenario.
Schedule a Face-to-Face Meeting or Phone Call to Review Your DUI Case Today
We are ready to sit down with you anytime you have questions or concerns about your case. Our firm holds a high standard to return phone calls within 24 hours of receiving them. We are also available more conveniently through email.