Because you were charged in Idaho, that state's law is going to apply and you need to consult with an Idaho criminal defense attorney who handles DUIs in the county in which you are being charged. You should do so quickly because your arraignment is on Monday. You don't want an additional charge such as a failure to appear or for a warrant to go out for your arrest. It sounds like they are allowing you to enter a plea remotely, but you will need to consult with an Idaho DUI attorney to make sure you are properly appearing. This attorney should also be able to advise you on whether you qualify for any sort of diversion program, on the effects of your plea, and on any defenses that you might have.
It wouldn't hurt to re-post your question in the Idaho section, but if I were you., I'd start calling attorneys now. Many criminal defense attorneys are set up to take calls from clients on weekends and evenings.
My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order... more
My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.
When in doubt, the plea is "Not Guilty." The fact that your breath test was over the limit at some point may not be enough under a particular state's laws -- but ultimately you need an Idaho lawyer to help you, not us schmos. We're not licensed to practice there.
I highly recommend you retain counsel in Iowa rather than simply plead guilty. There are often diversion programs available if you are a first offender that could leave you without a criminal record. For a DUI, you will likely have to return to Iowa regardless even if you plead guilty. you need a lawyer.
I am an attorney in Pennsylvania but I am not currently *your* attorney. Nothing in my communication should be... more
I am an attorney in Pennsylvania but I am not currently *your* attorney. Nothing in my communication should be construed as creating an attorney/client relationship. Please contact me if you wish to retain me as your counsel.