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MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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My son is being charged for 3rd offense Idaho DUI his first

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My son is being charged for 3rd offense Idaho DUI his first was over 10 years ago thers is no bail until he see the judge on monday that dose nt suond legal to me

MyraB :

Hi. It will be my pleasure to assist you with your question today.

Generally, a person is allowed to post bail at the police station after booking. Did the police give him a reason why he would not be allowed to post bail?

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Under Idaho Criminal Rule 5(b) "a defendant arrested, whether or not pursuant to a warrant, shall be taken before a magistrate in that judicial district without unreasonable delay. In no event shall the delay be more than twenty-four (24) hours following the arrest excluding Saturdays, Sundays, and holidays."

In Idaho there is a bail or bond schedule for misdemeanor offenses where the defendant can be released on bond following arrest and pending the first court date. Unfortunately, 3rd offense DUI is a felony and is not listed on the schedule. The listed bond for 2nd offense DUI is $1000.00 for a resident.

Also, for a third offense DUI there is a minimum mandatory sentence of 30 days with the possibility of up to a five year sentence.

In this situation you will likely want to obtain an attorney to appear with your son at the time of his arraignment on Monday. If he cannot afford an attorney, he should request that an attorney be appointed to him and ask for a bond hearing so that he can be released pending trial. An attorney can work with him to challenge the offense and the enhanced penalty considering a prior offense occurred over ten years before (but an intervening offense may have resurrected the old conviction). A lawyer would also be able to evaluate the unique circumstances of your son's case and advise him on his options.

The Idaho State Bar has an online lawyer referral service here

I am sorry that I couldn't give you better news and hope the information, at least, is helpful to you. Please feel free to ask any follow-up questions.

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