If you have been charged with a DUI in Idaho you should contact an attorney on the next business day. Your driving privileges may be suspended by the Idaho Department of Transportation. You face the possibility of jail. An attorney can help you understand your rights and get you through this difficult process. Here are the steps that you should follow:
- Do Not Discuss Your Case on the Phone in Jail. These calls are recorded and anything you discuss on the phone will be available to the prosecuting attorney.
- Exercise Your Rights: You have the right to remain silent and not to incriminate yourself. You have the right to an attorney. You should exercise these rights.
- Contact an Attorney: It’s crucial to get in touch with a criminal defense attorney as soon as possible. They can help you understand your rights and navigate the legal system. As your attorney, I can help you with this process with over thirty five (35) years of criminal defense experience.
- Gather Information: Start collecting any information that might be relevant to your case. This could include details about the arrest, any witnesses, and any potential evidence that could support your defense. Please save your citation and any copy of any notice of your rights or driver’s license suspension.
- Arraignment and Trial: An attorney will discuss every stage of the criminal process from arraignment through pretrial and trial. Most cases do resolve successfully without a trial, but if the matter does proceed to jury trial, my office has the experience to represent you at every stage of the jury trial proceeding.
- Building Your Defense: My office will work you to build your defense. This involves identifying witnesses, filing appropriate motions to dismiss or limit evidence, challenging the legality of the traffic stop, the administration of the field sobriety testing or the accuracy of the breathalyzer or blood test. The State is required to prove your case beyond a reasonable doubt. The job of the defense is to challenge the prosecution and the evidence at every stage.
Each case is unique and there are many factors in evaluating your case. Please contact Joseph Ellsworth for a free initial evaluation of your DUI case.