Hiring a DUI Lawyer in Idaho
What a first DUI can cost in Idaho, how criminal lawyers charge, your right to a public defender, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Idaho: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. Idaho also requires a lawyer, on reasonable request, to give the client a free accounting of fees and costs claimed or collected. |
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| If you disagree with a lawyer's bill | The Idaho State Bar's Fee Arbitration Program is free to clients and lawyers, and either may petition. It is not mandatory: the other side has 21 days to decide whether to sign the agreement, a mediator first tries to resolve the dispute, and binding arbitration happens only if both agree. Disputes of $2,500 or less go to one attorney arbitrator; larger ones to a panel of two lawyers and one non-lawyer. Decisions are issued within 15 days after the hearing, and the Bar has no appeal process. Source: Idaho State Bar, Fee Arbitration |
| If a lawyer takes your money | The Idaho State Bar Client Assistance Fund, financed by Idaho lawyers' annual fees, can reimburse clients for all or part of losses from an Idaho lawyer's dishonest conduct (theft, embezzlement, conversion, refusing to return unearned advance fees, or borrowing with no intent to repay); malpractice alone does not qualify. The maximum on any one claim is $25,000 under Idaho Supreme Court rule. File a notarized Client Assistance Claim Form with Bar Counsel's Office no later than three years after you knew or should have known of the dishonest conduct. |
Idaho rules to know first
| First-offense DUI penalties | A first DUI is a misdemeanor punishable by up to 6 months in jail and a fine up to $1,000. The court suspends driving privileges for 30 days with no driving at all, then for an additional 60 to 150 days during which restricted driving for employment or family health needs may be allowed. An ignition interlock must be installed within 10 days after the absolute suspension ends and kept until one year after the suspension period ends. Administratively, failing an evidentiary test for the first time brings a 90-day suspension, with restricted noncommercial driving possible after the first 30 days. |
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| Refusing a breath test | A driver who refuses or fails to complete evidentiary testing faces a $250 civil penalty, a required ignition interlock for one year after the suspension ends, and an absolute license suspension of 1 year for a first refusal or 2 years for a second refusal within 10 years. A hearing can be requested within 7 days. Drivers admitted to a problem-solving court who have served at least 45 days may be eligible for a restricted permit with an interlock. Source: Idaho Code § 18-8002(3)–(4) |
| Hardship license | Courts may grant restricted driving privileges for employment or family health needs after the first 30 days of a first DUI suspension, and the ITD may grant restricted noncommercial driving after 30 days of a first administrative test-failure suspension (with an interlock). No temporary restricted license is available for a second test failure within 5 years. Problem-solving court participants may qualify for a restricted permit after 45 days of an absolute suspension. |
Find and check a lawyer
| Lawyer referral service | The Idaho State Bar Lawyer Referral Service (LRS) is a public service of the Bar. Participating attorneys must be in good standing, have no pending public disciplinary complaints and carry professional liability insurance. "The fee for a referral is $35" (personal injury, medical malpractice and workers' compensation referrals are free), and "LRS attorneys have agreed to provide their clients with an initial up to a half-hour consultation at no fee"; later fees are negotiated with the lawyer. Start an online referral at idaho.community.lawyer or call 208-334-4500. |
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| Check that the lawyer is licensed | The Idaho State Bar's Attorney Roster Search lets you look up Idaho lawyers by last name (full or partial). If you cannot find an attorney, contact the Bar's Licensing Department at (208) 334-4500. The Bar also publishes definitions of license status categories. |
| Check discipline history or file a complaint | Grievances about Idaho lawyers go to the Idaho State Bar's Office of Bar Counsel. Complete the Grievance Form Packet with a signed, detailed written explanation and copies (not originals) of supporting documents, and mail it to Idaho State Bar, Office of Bar Counsel, PO Box 895, Boise, ID 83701. Bar Counsel reviews it for possible rule violations; outcomes range from dismissal (explained by letter) to private discipline or formal charges, typically in about three to four months, and you may ask for review by a three-member panel. The Bar handles ethics violations, not malpractice. Only public sanctions are posted on the Bar's Public Discipline and Other Notices page. Phone: 208-334-4500. Public discipline: https://isb.idaho.gov/bar-counsel/public-discipline/ |
Free legal help
| Free legal aid | Idaho Legal Aid Services, the state's LSC-funded legal aid organization, provides free civil legal help to eligible low-income Idahoans; statewide phone 208-746-7541 (idaholegalaid.org). The Idaho Volunteer Lawyers Program (Idaho State Bar) also offers legal assistance, and the Idaho Courts Self-Help Center provides free legal information and court forms. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees; IVLP: https://isb.idaho.gov/ilf/ivlp/legal-assistance/ |
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All legal help in Idaho · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.