Client-Focused Criminal Defense Services Delivered With Care And Respect

Defending Those Accused Of Driving Under The Influence Of Alcohol And Drugs

Getting behind the wheel after drinking alcohol or taking another mind-altering substance is a seemingly small mistake with big repercussions. Being convicted of DUI or DWI can haunt a person for the rest of their lives, both legally and socially. 

At McPherson Law Office, PLLC, I can help you fight these consequences. I am Robyn McPherson, an Idaho criminal defense attorney, and I help drivers facing drunk driving charges. I fight to protect them from harsh legal penalties and preserve their freedom and reputation. From my office in Moscow, I serve Lewiston and the surrounding areas. My roots in Lewiston enables me to understand the nuances of local DUI/DWI law, providing valuable legal guidance for clients throughout the area.

The Penalties For Drunk Driving In Idaho

In Idaho, it’s illegal to drive when you have a blood alcohol content (BAC) of more than 0.08%. The limit is 0.02% for people under 21 and 0.04% for those driving a commercial vehicle. There’s no legally permissible amount of illegal drugs a driver can have in their system. 

Those facing a first-time DUI charge can expect:

  • Up to six months in jail time
  • Up to a $1,000 fine
  • A license suspension period from 90 to 180 days

The penalties become increasingly more severe upon repeat offenses. 

I’ve helped a wide range of people, including college students, in various circumstances, fight the charges they’re facing.

What If Your DUI Or DWI Involved Drugs?

Sometimes, traffic stops for suspected drunk driving lead to other criminal issues, like drug violations. If you’re facing additional charges related to marijuana or other drugs in tandem with a DUI or DWI, I can help you fight those as well.

My Approach To My DUI And DWI Clients

At my firm, I don’t believe that people’s mistakes should haunt them forever. I see good people make mistakes all the time, and I think everyone deserves a chance to defend themselves. 

I use my more than two decades of experience and my genuine care for my clients to craft legal strategies that give them an opportunity to retain their rights and maintain good social standing in their community.

What To Do If You Get Pulled Over For A DUI/DWI In Idaho

If you find yourself pulled over on suspicion of DUI/DWI in Idaho, the situation can be overwhelming and stressful. Here are some clear, actionable steps to protect your rights and navigate this challenging scenario.

  • First and foremost: Stay calm and keep your composure. Being pulled over can be nerve-wracking, but staying calm can help you handle the situation more effectively. Turn off your vehicle, turn on the interior light if it’s dark, and keep your hands visible on the steering wheel.
  • Be polite but cautious: Cooperate with the officer by providing your license, registration and proof of insurance when asked. However, be mindful of your words. It’s important to be polite and respectful, but also remember that you have the right to remain silent. Avoid admitting guilt or making statements that could be used against you later.
  • Take or decline a field sobriety test: In Idaho, you have the option to decline field sobriety tests without legal penalties. These tests can be subjective and challenging, even under the best conditions. However, chemical tests (like breathalyzers) are subject to Idaho’s implied consent law, and refusing these can lead to automatic license suspension and other penalties.
  • Contact an attorney: As soon as possible, inform the officer that you want to speak to an attorney. This is a critical step. An experienced DUI/DWI attorney can provide guidance specific to your situation and help ensure that your rights are protected throughout the process.
  • Document everything: After the incident, write down everything you remember, including the officer’s badge number, patrol car numbers, the time of day, road conditions and any interactions you had with law enforcement. This information can be very helpful to your case.

I understand how confusing and daunting it can be to face a DUI/DWI charge. Remember, you don’t have to navigate this alone. I am here to help guide you through each step of the process, ensuring you understand your rights and options.

Frequently Asked Questions About DUI/DWI Charges In Idaho

As an attorney dedicated to guiding you through your DUI/DWI concerns in Idaho, I understand how overwhelming this process can be. You likely have many questions about what to expect and how to best handle your situation. I am here to provide clear answers and help you navigate the complexities of Idaho law, ensuring you feel supported every step of the way.

Can I refuse a field sobriety test or a breathalyzer test?

In Idaho, you have the right to refuse to take a field sobriety test. These tests are not mandatory and refusing to take them cannot be used as evidence of guilt in court. However, Idaho law includes an implied consent rule, which means that if you refuse a breathalyzer test, you will face automatic penalties. These include a license suspension and possibly other consequences. While refusing a breathalyzer test removes the possibility of providing evidence of your blood alcohol content, it also leads to immediate administrative penalties that can have a serious impact on your daily life.

How long will my license be suspended for a DUI/DWI conviction?

If you are convicted of DUI/DWI in Idaho, the length of your license suspension can vary. For a first-time offense, you can expect a suspension period of 90 to 180 days. However, if you refused a breathalyzer test at the time of your arrest, the suspension could extend to one year for a first offense. Subsequent offenses can result in even longer suspension periods or permanent revocation, depending on the severity and specifics of your case.

Will I have to go to jail for a first-time DUI/DWI offense?

In Idaho, a first-time DUI/DWI offense can indeed lead to jail time, but the actual sentence can vary based on the circumstances of your case. The statutory requirement for a first-time DUI or misdemeanor offense is at least two days up to six months in jail. However, the court has the discretion to modify this based on factors such as your blood alcohol content at the time of arrest and any mitigating circumstances that might apply.

Is it possible to get my charges reduced or dismissed for a DUI/DWI case?

Yes, it is possible to have your DUI/DWI charges reduced or even dismissed in Idaho, depending on the evidence and circumstances of your case. As your lawyer, I will look into all aspects of your arrest to ensure that all procedures were followed correctly and to identify any potential defenses or mitigating factors. For example, if the arresting officer did not have a valid reason to stop your vehicle or if the breathalyzer equipment was not functioning properly, these could be grounds for reducing or dismissing the charges.

How much does it cost to hire a DUI/DWI attorney?

The cost of hiring a DUI/DWI attorney can vary based on several factors, including the complexity of your case. I offer competitive rates and strive to provide value by offering thorough and diligent representation. I recommend scheduling a consultation to discuss your case specifics, after which I can provide a more accurate estimate of costs.

What sets attorney McPherson apart in handling DUI/DWI cases?

With over two decades of experience in criminal law, I bring a deep understanding and a proactive approach to each DUI/DWI case I handle. My roots in Idaho equip me with unique insights into local laws and court systems, which allows me to craft effective defense strategies tailored to the specifics of your case. My goal is to defend your rights aggressively and protect your reputation.

Know Your Legal Rights In Idaho, Contact Me Today

If you’ve been accused of driving under the influence of alcohol or drugs, contact my firm. I offer free consultations where I can learn about your case and explain your legal options. To schedule your appointment, call 208-649-4622 or reach out online.