Representing and Defending the Treasure Valley.
DUI Defense Attorney in Boise & Nampa
Representing Clients in Ada and Canyon County
Honest, Straightforward Legal Advice
We Can Help with Any DUI Charge You May Be Facing
Put Brian’s 40 Years of Legal Experience on Your Side
Drivers License Hearings and Appeals
Driving and Traffic Offenses
Why Choose Donesley Law Office?
We are well versed and focused on criminal defense matters particularly the issue of DUI defense in Idaho.
Brian graduated from the University of Idaho, College of Law and has been practicing law here in Idaho since 1980.
When you call Donesley Law Office you will speak to Brian directly – not through a paralegal or secretary.
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Here to Protect and Defend Your Rights.
We’re here to guide you to the best possible outcome and always put your interests first.
If You Are Pulled Over
In Idaho, if you are pulled over driving a vehicle, you may be stopped by the police based upon probable cause to suspect that you are driving while intoxicated, such as swerving, lane changes without signaling, erratic driving, or based upon any other violation like a broken tail light or windshield.
The officer will talk to you, notice that your breath may smell of alcohol and how strong, look at your eyes for bloodshot. Then comes the “field sobriety tests.” Heel to toe, finger to nose, stand on one leg, walk a line or do the alphabet or count backwards. These are check off boxes on the police report which are numerically rated by the officer by point factoring. If it adds up, this is further evidence against you.
Keep in mind that officers are trained with standardized procedures. And, they become very efficient. If there is “probable cause” to believe you drove intoxicated, before or after a breath test is offered to you in the back seat of the police car, you may be arrested, taken to jail and booked.
If your “blood alcohol content” (BAC) comes back 0.08 percent by volume, there arises a “legal presumption” that you are intoxicated, which means that no other evidence is necessary to charge or to convict you, unless a jury finds otherwise at trial.
Any BAC over 0.20 is an Excessive DUI with more harsh penalties. A second DUI raises the penalties. A third in 10 years is a felony, which typically results in a prison sentence. Drivers license suspensions are mandatory for long periods of time, though in some circumstances one may be given “restricted license privileges” for medical, treatment or to and from work purposes.
In some counties there are the “Drug Court” or “DUI Court,” which allow a person who has admitted been adjudicated to go through an intensive program with the Court for more than a year and obtain a restricted license after completing a first phase of the program. This is a serious commitment to complete the program, but it results in real benefits. The terms of sentencing are suspended during the program, a “withheld judgment” may be entered by the Court, rather than a judgment of conviction, and you may be released from the sentence previously imposed for fines and jail time.