DUI / DWI / BUI

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NICOLAS VIETH-TRIAL ATTORNEY

601 SHERMAN AVENUE  COEUR D'ALENE, ID 83814

TEL: 208-664-9494   EMAIL: NICK@VIETHLAW.COM

No matter what it is called, Driving While Intoxicated (“DWI”), Driving Under the Influence (“DUI”) or Boating Under the Influence (“BUI”), they all are incredibly serious charges that can have long lasting and costly consequences if not resolved properly.  If you or your loved ones have been charged for DWI, DUI, or BUI you need to contact a criminal defense attorney immediately.   

DUI in Idaho

A DUI/DWI in Idaho carries with it a number of serious consequences.  First, being arrested for a DUI automatically creates two different cases.  The first

is handled by the court and can result in jail time and/or fines.  The second is administrative in nature, and is handled by the Idaho Transportation Department.

Every DUI in Idaho carries a mandatory driver’s license suspension unless you contact the Transportation Department within seven days to set up a hearing.  This request must be in writing and is extremely time sensitive.  If you do not contact the Transportation Department your license will be automatically suspended for three months.  For subsequent DUIs, you will get a one-year suspension if you fail to contact the Department quickly.

As for penalties, the State can charge you with both reckless driving under the influence and driving with a blood alcohol content (“BAC”) of more than .08 per cent.  Furthermore, penalties can increase if your BAC is shown to be more than .2 per cent or if this is your second or third DUI.  In Idaho, there

is a five year period for DUIs.  So, if you get another DUI within that five

year period, it will count as your second offense.  The actual penalty for DUI is largely case specific(provable level of intoxication, prior convictions, etc.),

but can range up to 5 years in jail, a fine of $5,000.00 and a drivers license suspension for 5 years.  Furthermore, if you refuse to take the Blood Alcohol Test at the time of arrest, the police officer has the right to confiscate your driver’s license.  Also, refusing the treat can increase your penalties and can result in your license being suspended for 180 days automatically. 

As for boating under the influence (“BUI”), like the roadways, on-water enforcement officers may administer sobriety test and conduct a blood alcohol content (“BAC”) examination.  In Idaho, no person can operate any vessel, personal watercraft, water skis or similar device while under the influence of alcohol or drugs.  Boaters that are 21 years of age or older who have a BAC of 0.08% or greater are considered “under the influence.”  Boaters that are under 21 years of age who have a BAC of 0.02% or greater are considered “under the influence.”  Those convicted of BUI will be required to successfully complete a course on safe boating.  Idaho law prescribes fines and jail time for those who violate state BUI laws and will revoke boating privileges for up to 2 years.  Refusal to submit to a chemical test for BUI may result in increased penalties upon conviction.

On the other hand, these concerns may only be the tip of the iceberg.  A DUI, DWI or BUI conviction can have lasting personal and financial consequences.  Because of all of these concerns it is incredibly important that you contact a local defense attorney as soon as possible and begin the process of a just and fair resolution. 

DUI in Washington

Washington drunk driving cases are most commonly referred to as DUI or driving under the influence.  Washington does have a “per se” law, meaning that you may be convicted of a DUI in Washington if you drive with an alcohol level of .08 or greater.  For those under 21, a BAC of 0.02%, or simply the presence of any alcohol in the system of a teen driver can also be the basis for a DUI arrest. 

Washington’s implied consent law dictates that having a driver’s license represents the holder’s agreement to take a breath or blood test to determine whether drugs or alcohol are present in your system.  If you refuse to take a BAC test, you will forfeit your driver’s license and driving privileges for at least one year.  If this is a second refusal within seven years, your license will be revoked for two years.  You have thirty days to request an administrative hearing with the Washington Department of Motor Vehicles (DMV), and that hearing must be held within 60 days of arrest. 

A first DUI conviction in Washington is punishable by $5,000.00 plus other possible penalties from the courts, including jail time.  For a first time

offense, Washington drivers face as much as one year in jail, the suspension

of their license for 90 days, SR-22 proof of insurance, probationary license

for five years, five years of probation, ignition interlock, and alcohol evaluations and treatment.  Repeat offenders could be sentenced to additional penalties, including home detention, license suspension, or revocation for as long as four years and an increase in jail time. 

As you can see, DUI in Washington is very serious business and the penalties outlined above are only the beginning.  There are also other personal and financial concerns that a DUI also bring to the table.  So, if you or one of your loved ones has been charged with DUI in Washington, you need to contact a local criminal defense attorney as soon as possible so that you can effectively and properly resolve this issue.