Pocatello Criminal Defense, Personal Injury & Family Law Attorney FAQ

Can I plead to a lesser offense than DUI in the state of Idaho?

Every case is analyzed on a case-by-case basis and the charge can potentially be reduced to reckless driving.

How many drinks must I have to surpass the legal driving limit in Idaho?

There is no universal standard for calculating how many drinks a person must have for their blood alcohol content (BAC) to exceed 0.08, the legal limit under Idaho state law. Each person has individual characteristics (height, weight, age, etc.) that affect how alcohol is metabolized.

Long story short – it depends.

What can I expect from a DUI conviction?

Assuming this is your first conviction, you may be looking at a misdemeanor charge and a jail sentence not exceeding six months. You could also face a fine of up to $1,000 and the suspension of your driver’s license for a minimum of 30 days.

What is the legal status of marijuana in Idaho?

Unlike its sisters to the west, Idaho has neither legalized nor decriminalized marijuana, nor does it permit marijuana use for medicinal purposes. If you are found in possession of up to three ounces of marijuana, you could be charged with a misdemeanor, sentenced to jail for up to a year, and/or ordered to pay a fine up to $1,000.

What is the statute of limitations regarding personal injuries in Idaho?

Under Idaho state law, you must file a personal injury claim within two years of the date of the injury. If you do not file your claim within two years you will likely lose the right to take the matter to court.

What does “comparative fault” mean?

If the court hearing your case decides that you are partially to blame for your injury, Idaho’s “comparative fault” rule kicks in to reduce or eliminate the damages you’re eligible to collect. It is important to remember that if you are found to be at least 50 percent at fault you are automatically ineligible to collect compensation from any other at-fault party.

Is there a cap to the amount of money I can receive for a personal injury?

Yes. Idaho caps non-economic damages in injury cases at $250,000. However, there is no cap on economic damages, such as medical bills, lost wages, and other costs that can be calculated to a dollar amount.

What reasons do I need to provide when filing for divorce in the state of Idaho?

Idaho is a “no-fault” state, meaning that “irreconcilable differences” are sufficient for divorce. A court may, however, take into account actions such as adultery, abuse, and/or addiction when determining what (if any) spousal support is necessary.

Is there a residency requirement to file for divorce in Idaho?

Yes. In order to file for divorce in Idaho, the petitioner must have been a resident of the state for at least six weeks. After the other spouse receives the divorce papers, there is a waiting period of 20 days before a judgment may be entered.

How does division of property work in Idaho?

Idaho is a “community property” state, meaning all of the assets and debts that you and your spouse acquired during the marriage are divided equally upon divorce. Any property and/or debt that you or your spouse had before getting married remains separate from the property division process.

If you or a loved one are currently facing a criminal charge, personal injury, or family law matter, call the Law Office of Stratton P. Laggis, PLLC today at (208) 232-4051 to schedule your initial consultation.