Idaho DUI Court Process

Listed below is a brief overview of the criminal DUI court process that occurs following a DUI arrest in Idaho. In addition to criminal charges, DUI offenders will also have a separate civil administrative case filed against them. For more information on the civil administrative process, click on the Idaho Driving tab.

Idaho DUI Hearings Prior To Trial

FIRST APPEARANCE/ARRAIGNMENT

The first court appearance following a DUI arrest in Idaho for a misdemeanor DUI charge is called an arraignment. This hearing will take place in the magistrate court. At the arraignment, the defendant will be advised of his/her rights and the procedure that will be followed. If the DUI defendant has not already retained an attorney to represent him/her, the court will notify them whether or not they are eligible to have a public defender represent them. The defendant will be read the charges that have been filed against him/her and will be asked to enter a plea. If a guilty plea is entered, it will be placed on the record and a sentence will be imposed. If the defendant pleads not guilty, the case will be set for trial.

PRELIMINARY HEARING

If the defendant was charged with a felony DUI offense, a magistrate judge will conduct a preliminary hearing where the prosecutor will present the evidence that has been collected against the defendant. The prosecutor must show that there is probable cause to believe that a felony DUI has occurred and the defendant is the person who committed the crime. If the judge finds probable does not exist, the case will be dismissed or reduced to a lesser charge. If the judge determines sufficient probable cause is shown by the evidence presented by the prosecutor, then the case will be sent to the district court for arraignment.

PRETRIAL HEARINGS

Prior to trial, an Idaho DUI defendant's attorney will go before the judge to update him/her on the status of the case. Issues with scheduling and discovery will be discussed. A pretrial conference with the prosecutor and the defense attorney may be held in attempts to negotiate a plea agreement. If a plea agreement is reached and accepted by the defendant, the plea will be entered on the record. If no plea agreement is made, the case will proceed to trial.

PRETRIAL MOTION HEARINGS

Prior to trial, defense attorneys may file motions in attempts to deal with certain issues prior to trial. The most common motion in a ID DUI case is a motion to suppress chemical test results. A hearing on the motion will be held where the defense attorney may present evidence and call witnesses in order to establish the invalidity of the chemical test result. The police involved in the case may be cross examined. If successful, the judge will grant the motion and the evidence will be inadmissible at trial.

Idaho Drunk Driving Process At Trial and Beyond

TRIAL

A trial for a DUI case in the state of Idaho may be by judge or jury. A trial by a judge is called a bench trial. In a bench trial, the judge will preside over the case and issue rulings on issues of law and fact. In a jury trial, the judge will rule on issues of law and instruct a jury panel who will resolve the issues of fact. Whether or not a bench or jury trial is more desirable for your case is a decision that should be discussed with your attorney. Bench trials are often more desirable in cases involving complex issues that are difficult for a jury to follow or understand. At the end of the trial (whether bench trial or jury trial) a verdict will be issued. If the defendant is found guilty, the case will proceed to sentencing. If the defendant is found not guilty, the case and all charges will be dismissed.

APPEAL

Following a guilty verdict in an Idaho DUI trial, the defendant may appeal the case to the higher courts for review. Failure to request an appeal timely may be considered a waiver of the right to appeal.