803 S Jefferson St #4, Moscow, ID 83843

DUI Defense

Idaho & Washington DUI Defense Law Firm

If you or a loved one has been charged with a crime of driving under the influence (DUI) in Idaho or Washington, it is critical that you consult with a criminal defense lawyer from Mosman & Monson Attorneys at Law immediately. There are short deadlines that must be met in order to preserve your rights.  We focus on defending you and having the charges brought against you reduced or dismissed.  We want to lessen the negative impact the case will have on your life.  We understand the seriousness of any DUI charge and the serious consequences for the accused.

As one of the most recognized law firms in Moscow Idaho we have a proven track record for negotiating successful resolutions on DUI cases. We are prepared to aggressively defend you against DUI charges in Moscow Idaho, Lewiston Idaho, Pullman Washington, Clarkston Washington and the surrounding area. Contact us today so we can begin preparing an effective defense on your behalf.

Idaho & Washington DUI Penalties

  • Misdemeanor or Felony Conviction
  • Mandatory Jail Time
  • Mandatory Fines
  • Mandatory License Suspension
  • Mandatory Ignition Interlock
FAQ

First Offense (Misdemeanor): The first DUI offense is considered a misdemeanor offense and is punishable by a maximum of 6 months in jail and a $1,000 fine. In addition, the court will suspend your driving privileges for a period of 90 to 180 days and require you to install an ignition interlock device on your vehicle for one-year following the suspension period. If your BAC level is .20 or greater, you face enhanced mandatory penalties, even for a first offense including mandatory 10 days of jail and a mandatory one-year suspension of your driving privileges.

Second Offense (Misdemeanor): A second DUI violation within ten years is also a misdemeanor and carries a mandatory jail sentence of 10 days, and up to 1 year. In addition, the court will suspend your driving privileges for a minimum of 1 year and require you to install an ignition interlock device on your vehicle for 1 year following the suspension period.

Second Offense (Felony): A second DUI violation within 5 years where in both cases there was an alcohol concentration of .20 or more is a felony offense, in which you face a mandatory minimum of 30 days of jail up to a maximum of 5 years in prison. In addition, the court will suspend your driving privileges for a minimum of 1 year and up to five years and require you to install an ignition interlock device on your vehicle for 1 year following the period of suspension.

Third Offense (Felony): A third DUI violation within ten years or a subsequent DUI offense with a previous DUI or aggravated DUI within 15 years is a felony offense for which you face a mandatory minimum of 30 days in jail up to a maximum of 10 years in prison. In addition, the court will suspend your driving privileges for a minimum of 1 year and up to 5 years and require you to install an ignition interlock device on your vehicle for 1 year following the period of suspension.

Aggravated DUI (Felony): Idaho Code §18-8006 provides that any person causing great bodily harm, permanent disability or permanent disfigurement to any person other than himself in committing a DUI is guilty of a felony. Penalties include a mandatory minimum of 30 days of jail up to a maximum of 15 years in prison. In addition, the court will suspend your driving privileges for a minimum of 1 year and up to 5 years and require you to install an ignition interlock device on your vehicle for 1 year following the period of suspension.

First Offense (Misdemeanor): The first DUI offense is considered a misdemeanor and is punishable by a maximum of 364 days of jail and a $5,000 fine or both. For a BAC result of less than .15, the court must impose a mandatory minimum sentence of 24 hours of jail and will suspend your driving privileges for 90 days. If your BAC is greater than .15 or if you refuse the BAC test, the court must impose a mandatory minimum sentence of 48 consecutive hours of jail and will suspend your driving privileges for 1 year (or 2 years if the BAC was refused). In all cases, the Washington Department of Licensing requires an ignition interlock device to be installed on your vehicle.

Second Offense (Misdemeanor): A second DUI offense within 7 years is considered a misdemeanor and is punishable by a maximum of 364 days of jail and a $5,000 fine or both. For a BAC result of less than .15, the court must impose a mandatory minimum sentence of 30 days of jail, 60 days of electronic home monitoring, and will revoke your driving privileges for 2 years. If your BAC is greater than .15 or if you refuse the BAC test, the court must impose a mandatory minimum sentence of 45 days of jail, 90 days of electronic home monitoring, and will revoke your driving privileges for 900 days (or 3 years if the BAC was refused). In all cases, the Washington Department of Licensing requires an ignition interlock device to be installed on your vehicle.

Third Offense (Misdemeanor): The third DUI offense within 7 years is considered a misdemeanor and is punishable by a maximum of 364 days of jail and a $5,000 fine or both. For a BAC result of less than .15, the court must impose a mandatory minimum sentence of 90 days of jail, impose 120 days of electronic home monitoring, and will revoke your driving privileges for 3 years. If your BAC is greater than .15 or if you refuse the BAC test, the court must impose a mandatory minimum sentence of 120 days of jail, impose 150 days of electronic home monitoring, and will revoke your driving privileges for 4 years. In all cases, the Washington Department of Licensing requires an ignition interlock device to be installed on your vehicle.

Fourth Offense (Felony): The fourth DUI offense within 10 years is considered a felony and is punishable by a maximum of 10 years of prison and a $20,000 fine or both.

Prior Offenses: If you were originally charged with a DUI and you plead guilty to a reduced charge, it may count as a prior offense for purposes of sentencing. RCW 46.61.5055(14)(b) defines a “prior offense” to include: If you were originally charged with a DUI or Physical Control of a Vehicle Under the Influence (or an equivalent local ordinance), or Vehicular Homicide (RCW 46.61.520) or Vehicular Assault (RCW 46.61.522); but you were convicted of (1) Negligent Driving 1st Degree (RCW 46.61.5249), (2) Reckless Driving (RCW 46.61.500), (3) Reckless Endangerment (RCW 9A.36.050), or (4) an equivalent out-of-state or local ordinance for the above offenses, then the conviction for the reduced charge counts as a prior offense for purposes of determining the mandatory minimum sentence for a DUI.

Idaho: If you drive in Idaho, you are deemed to have given your consent to be tested if a police officer has reasonable grounds to believe you are driving under the influence. Idaho’s implied consent law is found in Idaho Code §18-8002. Importantly, Idaho Code §18-8002(2) states that you do NOT have the right to consult an attorney before submitting to a BAC test.

Washington: If you operate a motor vehicle in the state of Washington you are deemed to have given consent to be tested if the arresting officer has reasonable grounds to believe you had been driving or were in actual physical control of a motor vehicle while under the influence. Unlike Idaho, you DO have the right to consult an attorney before submitting to a BAC test.

Idaho: In Idaho, if a police officer has reasonable grounds to believe you are driving under the influence and you refuse the BAC test, Idaho Code §18-8002 provides that you may request a hearing within 7 days of your arrest to show cause why you refused to submit to the BAC test. If you do not prevail at the hearing: (1) you are subject to a civil penalty of $250, (2) you will be subject to a mandatory 1 year suspension of your driving privileges (or 2 years if this is your second refusal within 10 years), (3) you are subject to mandatory installation of an ignition interlock device for a period of 1 year following the end of the suspension hearing.

Washington: In Washington, if a police officer has reasonable grounds to believe you are driving under the influence and you refuse the BAC test, RCW 46.20.308 provides that you may request a hearing within 7 days of your arrest. If you do not prevail at the hearing, your privilege to drive will be revoked or denied for at least a year, the refusal to take the test may be used at a criminal trial.

It is important to note that in both Idaho and Washington, even if you refuse to take the tests, you can still be convicted of a DUI.

Idaho: In Idaho, you are subject to two separate license suspensions for a DUI: (1) if you are arrested for DUI with a BAC greater than .08, and (2) if you are convicted of DUI in court. If you are arrested for a DUI and you either don’t request a hearing or the hearing officer does not find in your favor, the Idaho Transportation Department will suspend your driving privilege for 90 days for a first failure of evidentiary testing, or for 1 year for a second and any subsequent failure within 5 years. In addition, if you are convicted of the DUI offense, the court will suspend your driving privileges for a period of 90 to 180 days for a first offense, and a mandatory minimum of 1 year for a second and subsequent offense.

Washington: In Washington, you are subject to two separate license suspensions or revocations for DUI: (1) if you are arrested for a DUI, and (2) if you are convicted of DUI in court. If you are arrested for a DUI, and you either don’t request a hearing or the hearing examiner does not find in your favor, your license will be suspended for 90 days to 2 years, depending on prior offenses and the severity of the incident. If you are convicted of a DUI in court, the Washington Department of Licensing may suspend your driver license for 90 days to 4 years, depending on prior offenses and the severity of the incident.

Accused of a DUI?

We can help protect your legal rights under the law.

DUI DEFENSE Attorneys
Wynn-Mosman
Wynn Mosman
Partner, Attorney at Law
Mark-Monson
Mark Monson
Partner, Attorney at Law