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11/01/2023

What To Do After A DUI Arrest In Idaho

Written by: Jacques Law Office

Never Plead Guilty Without an Attorney After a DUI in Idaho

It is natural to be shaken up after being arrested for a DUI, especially if it is your first real run-in with the law. It is easy to admit guilt to police officers, jailers, and others, but it is important that you do not do so. You may also have a hearing before you are released, and you should not plead guilty without an attorney.

What to do after a DUI arrest in Idaho is not common knowledge, so our goal today is to ensure that you know exactly what to do if you are arrested for a DUI. The most important thing to remember is that you should not go through this experience without an attorney. Contact us today for assistance, or if you are helping a loved one arrested for a DUI in Idaho keep reading to learn what needs to happen next.

Plead Not Guilty at the Arraignment Hearing

After you are arrested and booked, you may need to attend an arraignment hearing before you are released. You will attend an arraignment hearing at some point regardless. It is important to plead not guilty in this hearing, regardless of how you feel about the case. 

An attorney may instruct you to plead guilty later to take advantage of diversion programs, but in this initial hearing, you must plead not guilty to protect your rights. If the hearing is happening before you are released, bail may be set at the end of the hearing.

Post Bail

Your next step is to post bail. You will need to either pay the full amount of the bail or contact a bondsman. The bondsman, or bond agent, will pay the bail on your behalf for 10 to 20 percent of the total of the bail. The bondsman, a friend, or a family member will need to act as surety, meaning that they are responsible if you don’t come to court.

Bail will need to be posted on behalf of the person arrested for a DUI in Idaho. Someone that is in jail cannot post bail for themselves, because someone must act as surety. It is possible that you will be released on your own reconnaissance and not need funds nor someone to act as surety. This is possible if it is your first offense and you don’t have a criminal history.

Contact an Attorney

As soon as you are out of jail you need to contact an attorney. You have a limited amount of time to act to protect your driving privileges, and you need to have an attorney to guide you through the process.

Our firm has years of experience helping people with DUI cases in Idaho. We are able to handle your case from arrest to conclusion and help you stay on the road. In many cases, it is possible to maintain your driving privileges even with a guilty plea or finding, but it won’t happen without an attorney.

Request a DMV Hearing

There are actually two different types of cases involved in a DUI in Idaho. Criminal charges are processed by the courts, but there are also administrative penalties that take effect as soon as you fail or deny a breathalyzer. When you are arrested, your license is suspended immediately by the police officer. The only way to get your driving privileges back is to request a hearing.

According to Section 18-8002a of Idaho state code, you only have 7 days from the date of arrest to request an administrative hearing to restore your driving privileges. You may be required to install a state-approved ignition interlock system on your vehicle to regain your driving privileges. 

Follow the Advice of Your Attorney in DUI Cases

After the administrative hearing, you may still need to attend court for criminal charges. It is important to follow the advice of your attorney while you are going through this process. Even if you are found guilty, there are diversion programs and other options that may be less devastating. 
However, the only way you will come out on top in a DUI case is if you follow the advice of an experienced attorney. You may need to attend treatment or perform other tasks to qualify for diversion programs. Contact us today for more information or to schedule your consultation.

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If you’re facing criminal charges, don’t wait to get the help you need.

Contact us today to schedule a free consultation with a caring criminal defense attorney. We understand that this is a difficult time for you, and we’re here to provide the support and guidance you need. Our team is committed to defending your rights and protecting your freedom. Call us now or fill out the contact form below to get started. We look forward to hearing from you and helping you through this challenging situation.

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