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DUI/DWI Arrests

Arrested for DUI/DWI? Here’s What You Need to Know and How Barrera Legal Group Can Defend You

Driving Under the Influence (DUI) or Driving While Impaired (DWI) are serious offenses that can result in life-changing consequences. If you've been arrested for DUI/DWI, it's crucial to understand your rights and the legal process ahead. Barrera Legal Group brings years of experience defending clients in both Idaho and New York, combining deep knowledge of state-specific DUI laws with proven defense strategies that deliver results. We understand that choosing the right attorney is a critical decision, and we’re here to ensure you receive the dedicated, local representation you deserve—no matter where you are.

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What Is a DUI/DWI?

A DUI/DWI charge typically means you were accused of driving with a blood alcohol concentration (BAC) over the legal limit of 0.08%, or that you were impaired by drugs (including prescription medications) or alcohol. DUI/DWI charges can be brought even if you weren’t over the legal BAC limit, based on how impaired the arresting officer believed you were.

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There are various factors that can elevate a DUI/DWI charge, such as:

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  • Aggravated DUI/DWI – A DUI/DWI involving excessive speeding, accidents, or other reckless behavior.

  • Underage DUI/DWI – Drivers under 21 can be charged with DUI/DWI for having any measurable alcohol in their system, even if below 0.08%.

  • DUI/DWI with Injury – Causing an accident that results in injury while under the influence can increase the severity of your charges.

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Potential Penalties for a DUI/DWI Conviction

The consequences of a DUI/DWI conviction can be severe, including:

  • Fines – DUI/DWI fines can range from a few hundred to several thousand dollars depending on the severity of the offense and any prior convictions.

  • Jail time – First-time offenders may face a few days in jail, while repeat offenders or those convicted of aggravated DUI/DWI could face months or even years of incarceration.

  • License suspension – A DUI/DWI conviction almost always leads to the suspension of your driver’s license, making it difficult to get to work or school.

  • Alcohol education programs – Courts often require attendance in alcohol education or treatment programs.

  • Increased insurance premiums – A DUI/DWI on your driving record can lead to skyrocketing insurance rates.

  • Ignition interlock device – In some cases, you may be required to install an ignition interlock device in your vehicle, which requires you to blow into it to test for alcohol before your car will start.

Idaho DUI Penalties

First Offense

A first-time DUI in Idaho is classified as a misdemeanor. The penalties include:

  • Up to 6 months in jail.

  • Fines up to $1,000.

  • Driver’s license suspension ranging from 90 to 180 days.

  • Installation of a mandatory ignition interlock device (an in-car breathalyzer) is required, which prevents the vehicle from starting until a breath test is passed. The driver is responsible for all costs related to the device, including installation and maintenance. This law has been in effect since 2019.

Second Offense

For a second DUI offense, the penalties are more severe:

  • Misdemeanor violation with a mandatory minimum of 10 days in jail, up to 1 year.

  • Fines up to $2,000.

  • A mandatory one-year suspension of the driver’s license, which begins after release from confinement.

  • Installation of an ignition interlock device at the driver’s expense.

Excessive DUI

In Idaho, a DUI with a blood alcohol concentration (BAC) of .20% or higher is classified as an "excessive DUI," even for a first offense. Penalties include:

  • Misdemeanor violation.

  • Mandatory jail time of at least 10 days, potentially increasing to 1 year.

  • Fines up to $2,000.

  • A mandatory one-year suspension of the driver’s license.

If a driver is charged with two excessive DUIs within a 10-year period, the offense automatically becomes a felony, carrying significantly harsher penalties.

Third Offense

A third DUI conviction in Idaho escalates to a felony, with the following consequences:

  • Mandatory jail time of at least 30 days, which could extend up to 5 years.

  • Fines up to $5,000.

  • A driver’s license suspension lasting from 1 to 4 years, starting after release from confinement.

  • Installation of an ignition interlock device, with all associated costs borne by the driver.

New York DUI/DWI Penalties

Aggravated Driving While Intoxicated (AGG DWI)

  • Fines: $1,000 - $2,500

  • Jail Time: Up to 1 year

  • License Revocation: At least 1 year

Second AGG DWI in 10 Years (E Felony)

  • Fines: $1,000 - $5,000

  • Jail Time: Up to 4 years

  • License Revocation: At least 18 months

Third AGG DWI in 10 Years (D Felony)

  • Fines: $2,000 - $10,000

  • Jail Time: Up to 7 years

  • License Revocation: At least 18 months

Driving While Intoxicated (DWI) or Driving While Impaired by Drugs (DWAI-Drug)

  • Fines: $500 - $1,000

  • Jail Time: Up to 1 year

  • License Revocation: At least 6 months

Second DWI or DWAI-Drug in 10 Years (E Felony)

  • Fines: $1,000 - $5,000

  • Jail Time: Up to 4 years

  • License Revocation: At least 1 year

Third DWI or DWAI-Drug in 10 Years (D Felony)

  • Fines: $2,000 - $10,000

  • Jail Time: Up to 7 years

  • License Revocation: At least 1 year

Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)

  • Fines: $500 - $1,000

  • Jail Time: Up to 1 year

  • License Revocation: At least 6 months

Second DWAI-Combination in 10 Years (E Felony)

  • Fines: $1,000 - $5,000

  • Jail Time: Up to 4 years

  • License Revocation: At least 1 year

Third DWAI-Combination in 10 Years (D Felony)

  • Fines: $2,000 - $10,000

  • Jail Time: Up to 7 years

  • License Revocation: At least 1 year

Driving While Ability Impaired by Alcohol (DWAI)

  • Fines: $300 - $500

  • Jail Time: Up to 15 days

  • License Suspension: 90 days

Second DWAI in 5 Years

  • Fines: $500 - $750

  • Jail Time: Up to 30 days

  • License Revocation: At least 6 months

Third or Subsequent DWAI in 10 Years (Misdemeanor)

  • Fines: $750 - $1,500

  • Jail Time: Up to 180 days

  • License Revocation: At least 6 months

Defenses to a DUI/DWI Charge

Just because you were arrested for DUI/DWI doesn’t mean you’re automatically guilty. There are many potential defenses that could be used to fight your case, including:

  • Improper traffic stop – If the police didn’t have a valid reason to pull you over, any evidence gathered afterward (such as a breathalyzer result) may be excluded.

  • Faulty field sobriety tests – These tests are often subjective and can be challenged if administered improperly or if other factors (like health issues) caused you to perform poorly.

  • Inaccurate BAC testing – Breathalyzers and blood tests are not always reliable. Improper calibration, handling errors, or even medical conditions like acid reflux can skew results.

  • Rising BAC defense – If your BAC was below the legal limit while driving but increased by the time you took the test (due to alcohol still being absorbed), this defense can be used to argue that you were not impaired while driving.

  • Lack of impairment – Even if you tested above 0.08%, we can argue that your driving wasn’t impaired, depending on the circumstances.

At Barrera Legal Group, we will thoroughly examine every aspect of your case to identify potential weaknesses in the prosecution’s evidence and build a strong defense strategy tailored to your unique situation.

What to Do If You’re Arrested for DUI/DWI

If you are arrested for DUI/DWI, it’s important to remember that how you handle the situation can greatly impact your case. Here are some key steps to take:

  1. Remain calm and polite – Arguing with the arresting officer won’t help and could worsen your situation. Remain respectful and comply with lawful orders.

  2. Exercise your right to remain silent – You have the right to remain silent and avoid self-incrimination. Politely decline to answer questions without a lawyer present.

  3. Don’t refuse the chemical test – While you can refuse a breathalyzer or blood test, doing so may result in automatic penalties, including license suspension. The consequences of refusal often outweigh the benefits.

  4. Contact an experienced DUI/DWI attorney immediately – The sooner you have legal representation, the better your chances of building a strong defense.

How Barrera Legal Group Can Help

At Barrera Legal Group, we understand the fear and anxiety that come with facing DUI/DWI charges. We will:

  • Review the circumstances of your arrest to identify any procedural errors or constitutional violations.

  • Challenge the accuracy of breath, blood, or field sobriety test results.

  • Negotiate with the prosecutor to reduce or dismiss charges when possible.

  • Advocate for alternative sentencing options, such as probation or diversion programs, to minimize the impact on your life.

Our goal is to provide you with the strongest defense possible and help you avoid the harsh penalties associated with a DUI/DWI conviction.

Contact Barrera Legal Group Today for a Free Consultation

If you’ve been charged with DUI/DWI, time is of the essence. Don’t wait until it’s too late to protect your rights. Contact Barrera Legal Group today to schedule a free consultation. Our experienced criminal defense attorneys will evaluate your case, explain your legal options, and fight tirelessly to defend your rights and your future.

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Mailing Address: P.O. Box 277, Nampa, Idaho 83653    

Idaho: 943 W. Overland Road, Meridian, Idaho, 83642

​New York: 1 W Sunrise Hwy, Freeport, NY 11520, USA

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New York (516) 665-8760 - Idaho (208) 466-1800

This website is for informational purposes only and does not constitute legal advice. Please consult with a qualified immigration attorney for personalized guidance on your specific situation.

©2024 by Barrera Legal Group.

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