An excessive DUI allegation can put your freedom, driving privileges, and future at risk. If police claim your blood alcohol concentration was .20% or higher, Idaho law treats the accusation more seriously than a standard DUI, with enhanced penalties that may include mandatory jail time, substantial fines, and a lengthy license suspension.
At Martens Law Office, Attorney Jared B. Martens provides focused defense representation for people facing excessive DUI charges in Boise and throughout the Treasure Valley. He will review the stop, arrest, chemical testing, and other evidence for issues that may affect the prosecution’s ability to prove the charge. Call (208) 344-0994 to speak with an experienced Idaho DUI defense lawyer about your options.
Under Idaho law, an excessive DUI allegation involves driving or being in actual physical control of a vehicle with an BAC of .20 or higher, as determined through evidentiary blood, breath, or urine testing requested by law enforcement.
A first excessive DUI is generally charged as a misdemeanor, but it carries enhanced mandatory penalties. A conviction can result in:
A subsequent excessive DUI may be charged as a felony when it occurs within five years of a qualifying prior excessive DUI conviction or withheld judgment. A felony conviction can expose a person to prison time, additional fines, a longer license suspension, and lasting consequences for employment and professional opportunities.
A conviction for excessive DUI can result in a mandatory driver’s license suspension. For a first offense, Idaho law generally requires at least one year of absolute suspension after release from confinement, meaning no driving privileges are available during that period. A subsequent excessive DUI within five years can result in a suspension of one to five years after release from imprisonment.
In limited circumstances, a person participating in an approved drug court, mental health court, or similar problem-solving court may be eligible to seek restricted, noncommercial driving privileges after at least 45 days of absolute suspension. Eligibility depends on court approval and compliance with applicable requirements.
An ignition interlock device (IID) requires a breath sample before a vehicle will start. Following the mandatory suspension period, people convicted of a subsequent excessive DUI must drive only vehicles equipped with a functioning IID. The driver is generally responsible for the device’s installation, maintenance, and related costs.
An excessive DUI case may also involve separate consequences when there is an allegation of refusing evidentiary testing. These matters can affect driving privileges independently of the criminal case, so it is important to obtain legal advice early. Martens Law Office provides one-on-one defense guidance for clients in Boise and throughout the Treasure Valley.
An excessive DUI charge may be challenged, but the available defenses depend on the evidence and the circumstances of the arrest. The prosecution must prove each element of the charge, including that the driver had a BAC of .20 or higher and was driving or in actual physical control of a vehicle.
A careful review may identify issues with the stop, arrest, chemical testing, or other evidence. Potential questions can include whether law enforcement had a lawful basis for the stop, whether evidentiary testing procedures were followed, whether a breath testing device was properly maintained, whether a blood or urine sample was reliably handled and tested, and whether the reported BAC accurately reflects the person’s level at the relevant time.
A .20 BAC allegation is serious, but a test result is still evidence the state must establish through reliable, admissible proof. Issues involving the evidence, police procedures, or a qualifying prior conviction may affect the charges, available defenses, or potential consequences.
Every excessive DUI case requires a defense strategy tailored to the facts, the available evidence, and the client’s goals. Attorney Martens reviews the prosecution’s case in detail and determines how identified issues can be used to protect the client’s rights and pursue the strongest available outcome.
Depending on the circumstances, Attorney Martens may:
He also reviews body camera footage, dispatch records, police reports, witness accounts, laboratory records, and testing-device documentation when those materials may expose weaknesses or inconsistencies in the state’s case.
When a negotiated outcome does not fairly reflect the problems with the evidence or the client’s circumstances, Martens Law Office is prepared to take the case to trial. Attorney Martens works directly with clients in Boise and throughout the Treasure Valley, providing clear guidance and a defense strategy built around the specific allegations they face.
An excessive DUI charge can put your license, freedom, record, and future at risk. At Martens Law Office, Attorney Jared B. Martens works directly with clients from the initial consultation through negotiations, hearings, and trial when necessary. With more than 20 years of criminal defense experience, he provides straightforward advice, a detailed review of the evidence, and a defense strategy tailored to the circumstances of the case.
Attorney Martens examines the stop, arrest, chemical testing, and prosecution evidence for weaknesses that may affect the charge or available resolution. When the facts support a negotiated outcome, he will pursue it. When the state will not offer a fair resolution, he is prepared to hold the prosecution to its burden of proof in court.
Do not assume a reported BAC result decides your case. Contact Martens Law Office at (208) 344-0994 to schedule a free, confidential consultation with Attorney Martens. He represents clients dealing with alcohol-related crimes in Boise and throughout the Treasure Valley.
