Representing and Defending the Treasure Valley.
DUI Defense Attorney in Boise & Nampa
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Representing Clients in Ada and Canyon County
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Honest, Straightforward Legal Advice
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Providing a Strong, Assertive Defense for my Clients Based Upon 40 Years of Experience as an Attorney in Idaho.
BRIAN DONESLEY, ATTORNEY, PLLC
COSTS OF LEGAL ASSISTANCE IN A DUI CASE
Attorney Brian Donesley charges fees similar to others. Some charge more. Fees may be negotiated, though the following general guidelines apply, unless otherwise agreed.
All cases require substantial review. All evidence must be obtained from the police and the prosecutor, i.e., audio, video, police reports, dispatch records, calibrations of BAC testing devices, certification of operators of such devices, witness statements, etc.
If there is no defense to the charge, (i.e., wrongful stop or search, incorrect testing protocol), you may be advised to negotiate the best deal possible for a guilty plea, using any questions about the facts and the law as leverage in the negotiation for you. Attorney Donesley will walk you through this as your advocate and guide. Considered are jail time, fine, alternative sentencing, court ordered treatment, license suspension, probation terms, interlock requirements and any possible withheld judgment.
Attorney Donesley examines the evidence and law in each case carefully. If there are mistakes by the police or the prosecutor that can be proven by the defendant, as required to challenge evidence or conduct in a DUI case, that will be explained.
If you have a good defense, attorney Donesley will advise you on your choices how to proceed. The cost of motions to suppress evidence based will be explained. If you decide to contest the evidence and/or to go to trial a fee will be negotiated.
For first non-excessive DUI cases in Ada, Canyon and Elmore counties, attorney Donesley’s retainer is $2000 through pretrial conferences, without motions, for a first non-excessive or non -aggravated DUI. In other counties, the fee may be negotiated, due to travel time out of the office and would typically be $2500.
The retainer for an excessive, aggravated or second DUI charge is typically $2500/$3000, again depending on the county.
For a felony DUI, the retainer is $5000, unless agreed otherwise.
Court costs are also ordered by the court and fines. A drug/alcohol evaluation is required at a cost of several hundred dollars with classes recommended and ordered done.
”Brian represented me on my felony DUI case. He was able to get me a withheld judgement on my 3rd offense and zero jail time. I couldn't be more pleased with the out come.
Caleb V.Google Review
We Can Help with Any DUI Charge You May Be Facing
Put Brian’s 40 Years of Legal Experience on Your Side
DUI
DWP
Reckless Driving
Midemeanor DUI
Drivers License Hearings and Appeals
Aggravated DUI
Driving and Traffic Offenses
Felony DUI
Why Choose Donesley Law Office?
Focused
We are well versed and focused on criminal defense matters particularly the issue of DUI defense in Idaho.
Established
Brian graduated from the University of Idaho, College of Law and has been practicing law here in Idaho since 1980.
Availability
When you call Donesley Law Office you will speak to Brian directly – not through a paralegal or secretary.
See What Our Clients Are Saying…
5 Star Reviews on Google
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.