I got a dui and served four days in jail when i go to court what should i expect to get it is my first if that helps

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i posteed bond and am waiting trial-

Attorney Answers

4
James Bendell ·
Unless you have a criminal history you may not receive additional jail time, but there will be fines and license penalties. You should probably have an attorney to represent you because this is a complex area of the law.
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Jonathan Blecher ·
This is the basic statute, and provided there are no enhancements I wouldn't expect any more jail time. Good Luck. 18-8005. Penalties. (1) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004(1)(a), Idaho Code, for the first time is guilty of a misdemeanor; and, except as provided in section 18-8004C, Idaho Code: (a) May be sentenced to jail for a term not to exceed six (6) months; (b) May be fined an amount not to exceed one thousand dollars ($1,000); (c) Shall be advised by the court in writing at the time of sentencing of the penalties that will be imposed for subsequent violations of the provisions of section 18-8004, Idaho Code, which advice shall be signed by the defendant, and a copy retained by the court and another copy retained by the prosecuting attorney; and (d) Shall have his driving privileges suspended by the court for a period of thirty (30) days which shall not be reduced and during which thirty (30) day period absolutely no driving privileges of any kind may be granted. After the thirty (30) day period of absolute suspension of driving privileges has passed, the defendant shall have driving privileges suspended by the court for an additional period of at least sixty (60) days, not to exceed one hundred fifty (150) days during which the defendant may request restricted driving privileges which the court may allow, if the defendant shows by a preponderance of the evidence that driving privileges are necessary for his employment or for family health needs.
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Thomas Ifversen 1493912.Html ·
Seeing as this is your first DUI, you shouldn't be looking at any additional jail time. Talk to a good lawyer who is familiar with the practices of the judges in your jurisdiction. If you have already served all the jail time you are likely to receive, why not fight the case? Your exposure is low, and you are not looking at anything worse for a conviction than you would be looking at if you plead guilty! Looking at it pragmatically, you don't have anything to lose. Get some good advice from an experienced lawyer in your jurisdiction... maybe you end up beating the charge, maybe not, but it may be worth a shot if you have already paid the price!
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Jefferson Griffeath ·
If you've already served 4 days waiting to get bond posted then the judge is going to see that. Most 1st time DUIs just spend the night in jail. There are several things you need to concern yourself with, and this is why everyone tells you to get a lawyer. You're effectively dealing with 2 different systems: the court system, and the administrative system. You must rapidly send notice to the Idaho Department of Transportation that you want an administrative hearing on your license suspension. If you don't request one quickly, then you will have it automatically suspended. Sometimes a good attorney can use not contesting that suspension as a bargaining chip to plea you down to a lesser charge. A good attorney will also have you get an alcohol evaluation. If you can get a counselor to show that you're a low risk to get another DUI, again, a good attorney can help use that to convince a prosecutor to drop that to a lesser charge. Several factors will also come into the equation, such as the probable cause that got you pulled over in the first place, how high you blew, or your attitude with the officers. So yes, you can fight it, and a good attorney will review your case to see if you have something you can fight, but more importantly, that attorney will help limit the impact this has on your life. He can do that by perhaps limiting helping you plea to a lesser charge, getting a withheld judgment, ect. You don't want a DUI on your record. It isn't for the penalties, but for the penalties if you get a SECOND DUI. It isn't terribly difficult for a responsible person to accidentally find themselves over the legal limit. And a second DUI is a much harsher charge.
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