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Idaho Republican Sen. John McGee pleaded guilty today to driving under the influence of alcohol as part of a plea agreement reached with a special prosecutor less than two weeks after his arrest in a Boise neighborhood.

In return, prosecutors agreed to dismiss a felony count of taking a vehicle without the owner’s permission and causing more than $1,000 in damage.

McGee, 38, who represents Caldwell and is the Republican Senate Caucus Chairman, was contrite Friday and apologized for his actions.

“It’s something I’ll remember and something that I’ll learn from the rest of my life. I’m truly sorry. I take full responsibility for my actions that evening,” said McGee, adding that his behavior that night was inconsistent with his beliefs.
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Idaho Senate Republican Caucus Chairman John McGee was arrested early Sunday after police say he took a Ford Excursion and cargo trailer from the Boise home of a “complete stranger” and a blood-alcohol test showed the four-term lawmaker had been drinking.

The lawyer for the 38-year-old senator, who represents Caldwell and is the head of the Canyon County GOP, says McGee is embarrassed by the situation and intends to handle his legal case responsibly.

McGee was being held in the Ada County Jail pending an arraignment in 4th District Court on Monday afternoon. Authorities say he was taken into custody on suspicion of felony grand theft and misdemeanor driving under the influence after a breath test found he had a blood-alcohol content of 0.15 percent, nearly twice the legal limit in Idaho.

“He is embarrassed by this matter. He has never been in this situation before, but he has great confidence in the criminal justice system,” said attorney Scott McKay, who met with McGee on Sunday. “With the love and support of his family, he will handle this matter responsibly,” McKay said in a statement.

So far, police have released only a few details of events preceding McGee’s arrest. But Lt. Kody Aldrich told The Associated Press that McGee did not know the owner of the SUV and trailer that he was driving and later was found by police sleeping inside. The vehicle and trailer became stuck as McGee tried backing into the yard of a home on southwest Boise. It was also unclear why McGee was in the Boise area in Ada County.

“Nobody knows why he was there,” Aldrich said. “It doesn’t sound like he did either.”
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An Idaho senator charged with DUI back in December has changed his plea to guilty.

Edgar Malepeai was sentenced to one year probation and a 90-day suspended license.

The senator from Bannock County must attend alcohol education classes and pay a fine of $735. Police say in December they saw the senator weaving and failing to signal on the connector.

The democrat was first elected in 2002.

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The Bannock County Sherriff’s Office has released the name of the man who took his own life following a police pursuit early Monday morning.

An autopsy will be performed today on Justin Eugene Christiansen, 42.  According to investigators, Christiansen led deputies on a pursuit beginning near Inkom.

The pursuit ended at 1:45 a.m. on South 5th in front of Century High School where police deployed spike strips to stop Christiansen’s vehicle. The 42-year-old male then shot himself to death. The incident involved members of the Bannock County Sheriff’s Office, Idaho State Police and Pocatello Police Department.

Officials closed off South 5th in front of the high school while they investigated the scene.

The Bannock County Sheriff’s Office held a news conference to release more information about the pursuit Monday afternoon.

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Two people could be facing some serious charges after police say they allegedly stole two cars, broke into a home, stole guns and shot at officers on two separate occasions Saturday night and Sunday morning.

It all started Saturday afternoon in Fort Hall.  Bingham County Sheriff Dave Johnson says a car that was reported as stolen from Bannock County was spotted in Fort Hall on West Sheepskin Road around 4p.m.

Fort Hall officers attempted to stop the car but the two people inside were able to get away.  Sheriff Johnson says a time later, the two ended up in a Springfield home where they allegedly broke in, stole guns, lit the first stolen car on fire and stole another car.

Around midnight Sunday morning, the two allegedly were moving things from a home near the intersection of Reservation and Hawthorne and when Fort Hall officers showed up the two took off again.

The two headed south at a high rate of speed and one of the two suspect allegedly ended up shooting at the officers following them.  The chase continued to Truchot Road where they started heading east and then again more shots were fired at officers.  Both were arrested on Sands Road when their car got stuck in the snow.

Justin Gonzales, 26, is in the Bingham County Jail facing charges of DUI, felony pursuit and aggravated assault.  He could also be facing tribal and federal charges.

Tara Pongah, 36, is in the Fort Hall Jail and could be facing a number of charges including tribal and federal charges.

None of the officers shot at were hurt and bullets did not end up damaging any of the patrol cars.  Leverne Beech, Public Information Officer with the Shoshone-Bannock Tribes, says the officers that were shot at will be taking some time off.

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Boise police had a busy night of DUI enforcement as Downtown revelers celebrated Fat Tuesday.

Boise police booked 12 different drivers for DUI charges into the Ada County Jail between 6 p.m. Tuesday and 4 a.m. Wednesday.

Idaho State Police, who patrol Treasure Valley highways like Interstate 84, arrested nine drivers for DUI charges during the same time frame.

Boise police increased both foot and car patrols Downtown for Fat Tuesday — a Mardi Gras celebration marking the last day before Lent, a 40-day period of fasting and prayer before Easter for Christian denominations.

Since Fat Tuesday is such a popular and sometimes rowdy night of revelry at Downtown bars, Boise police increased staff to weekend level — eight patrol officers and at least seven foot or bicycle officers — to help reduce fights and drunk driving.

Boise police made 12 DUI arrests and 33 total arrests during the 2008 Fat Tuesday celebration.

Boise police officials have not yet compiled a total from 2009 but expect to release that information later Wednesday.

If you are one of these 12 people make sure to hire a DUI lawyer. Remember, you are innocent until prove guilty.

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State law enforcement authorities are getting ready to launch another initiative to crack down on drunk driving in southwest Idaho.

Next week, an Idaho State Police DUI Enforcement Team will begin patrolling Treasure Valley roadways.

The Region 3 Commander for the State Patrol, says figures show that on average nearly one in 10 drivers during peak weekend night hours is under the influence of alcohol.

Figures from 2006 show 41 percent of all highway deaths in Idaho resulted from crashes involving drivers impaired by alcohol or drugs.
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Boise Police saw an increase in DUI arrests this weekend.

Police have arrested 29 people for driving under the influence since Friday morning.

Lt. Alan Cavener says that’s higher than average.

Cavaner says three people were arrested for felony dui because they had two convictions within the last ten years.

Five of the arrests were under the age of 21.

“That’s a disturbing number and there again there’s lots public awareness but we continue to see people drinking and driving,” said Lt. Alan Cavener, Boise Police Dept.

Police arrested 31-year-old Michael Martin of Nampa for DUI twice in the same night.

Lt. Cavener says he bonded out of jail earlier Saturday night and was again arrested early Sunday morning.
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Idaho DUI arrests trigger two separate cases, and anyone arrested for drunk driving in Idaho needs to be aware of this. The first case is the criminal court case, where those accused of Idaho DUI face jail, fines, mandatory alcohol education classes, and more.

Idaho DUI arrests will result in mandatory license suspensions unless a timely request for an administrative hearing is made. If you have been arrested for a DUI in Idaho, you have only SEVEN (7) DAYS from the date of your arrest to request a hearing.

An administrative hearing must be requested in writing and must be faxed, mailed or hand delivered to the Idaho Transportation Department. The written request for hearing must include the issue(s) to be raised at the hearing.

All Idaho drivers have impliedly consented to take a test to determine alcohol concentration if lawfully requested to do so by an Idaho peace officer who suspects the driver is under the influence of alcohol (DUI). If you are arrested for Idaho DUI, you may refuse to take the test, but if you do, the arresting officer will seize your driver’s license. The officer may issue you a temporary driving permit good for 7 days; giving you the opportunity to request a hearing.

If the court upholds the officer’s findings, your license will be suspended for 180 days for refusing to take the alcohol concentration test if it is your first offense. This penalty is in addition to any penalty you receive in court for an alcohol or drug-related conviction. A second refusal within five years will result in a one-year suspension. These suspensions do not provide for restricted privileges of any kind.

If you take and fail an evidentiary test, the peace officer will arrest you, seize your driver’s license, and if you are eligible, issue you a temporary driving permit valid for 30 days. You will have the opportunity to request an administrative hearing within seven days of your arrest, to contest the seizure and suspension of your license and driving privileges before an before an Idaho Transportation Department Hearing Officer.

If you fail to request a hearing within the seven-day time period or do not prevail at the requested hearing, your license will be suspended for 90 days on a first offense (you may be eligible to receive a restricted driving permit for the last 60 days of your suspension). A second or subsequent offense within five years will result in a one-year suspension, with absolutely no driving privileges of any kind.

Idaho has both a “per se” law, and an “under the influence” law. This means that a person can be arrested and convicted of violating Idaho drunk driving laws if they are driving with a blood alcohol level of .08% or higher, or if they are under the influence of alcohol. It is possible to be impaired by alcohol and still be below the legal limit. Evidence to support such a conviction will come from the arresting officer’s observations of driving pattern, physical appearance, field sobriety test performance, and other factors.

Punishments in Idaho drunk driving cases are listed below. Note that these punishments may be increased in certain Idaho DUI cases, such as where the alcohol level is .20% or higher. Also note that Idaho has a five-year “washout” period, meaning that the DUI arrests must occur within five years of each other to be considered a second- or third-offense under Idaho DUI law.
DUI First Offense DUI First Offense

• Up to $1,000.00 fine
• 2 days to 6 months jail
• Suspend driver’s license for 180 days with at least the first 30 days absolute and the remainder restricted
• Obtain an alcohol evaluation
• Follow the recommendation of evaluation
• Attend Victims’ Panel

1 to 2 years probation – may be supervised.

DUI Second Offense DUI Second Offense (within a five year period)

• Up to $2,000.00 fine
• 10 days to 1 year jail
• 1 year absolute license suspension
• Obtain an alcohol evaluationFollow the recommendation of evaluation
• Interlock device on car for 1 year after driver’s license suspension ends
• 2 year probation – usually supervised.

DUI Third Offense DUI Third Offense

This will be a felony if it is received within 5 years of the first offense OR within 10 years of a prior felony DUI

• Up to $5,000.00 fine
• 30 days to 5 years incarceration
• Suspend driver’s license for 1 to 5 years with at least the first year absolute
• Supervised felony probation.

  If you are in need of a Idaho DUI lawyer, make sure to visit the Idaho DUI lawyer directory.

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