DUI PENALTIES IN IDAHO – MORE THAN JUST A CRIMINAL CONVICTION
DUI PENALTIES IN IDAHO – MORE THAN JUST A CRIMINAL CONVICTION
A DUI conviction can seriously impact your life in many ways, some in ways most people do know of or think to consider. At Anne Taylor Law, we will explain all possible defenses, case outcome choices and penalties for your DUI case. We will also make sure you are aware the ways a DUI may impact your life.
What can happen to you depends on whether your DUI is a true first-time offense or if you are facing a DUI for a second or third time.
1st OFFENSEDUI PENALTIES
· This is a Misdemeanor charge.
· JAIL - maximum is six (6) months; there is NO minimum jail sentence that the Judge MUST impose.
· FINE - maximum is one thousand dollars ($1,000); there is NO minimum fine.
· PROBATION - up to (2) two years; it may be supervised or unsupervised.
o Supervised probation is when you have a probation officer to report to and you are given terms of probation to follow to stay out of jail.
o Unsupervised probation is when there is no probation officer and any terms or conditions of probation will be reviewed by the court.
· DRIVER’S LICENSE SUSPENSION - maximum up to 180 days upon conviction of DUI. The license suspension is tricky. The Judge MUST suspend your drivers’ license for 90 days minimum – and the first 30 days are an ABSOLUTE suspension and the following portion of license suspension is RESTRICTED privilege suspension.
o The ABSOLUTE suspension means no driving of any kind.
o The RESTRICTED suspension means you can drive for work or school purposes only or other specific purposes as the Judge may decide.
· IGNITION INTERLOCK - 1 year AFTER the period of suspension is over.
o You will only be authorized to drive a vehicle with a state-approved ignition interlock system installed, at your expense, for a period to end one (1) year following the end of the suspension period.
· LICENSE REINSTATEMENT – You must pay a reinstatement fee to the Idaho Department of Transportation prior to driving with your interlock. If you had more than one suspension you may have more than one fee to pay.
· There are TWO kinds of suspensions when you get a DUI. One suspension happens if you are SENTENCED. The other suspension is called an administrative drivers’ license suspension. This suspension happens right after you get arrested for or charged with a DUI.
o You can challenge an administrative suspension BUT YOU MUST FILE THE CHALLENGE within 7 days.
2ND OFFENSE DUI PENALTIES – 2nd DUI within ten (10) years
· This is a MISDEMEANOR charge.
· JAIL - maximum is (1) One year in jail; MANDATORY minimum is 10 days. Shall be sentenced to jail for a mandatory minimum period of no less than ten (10) days, the first forty-eight (48) hours of which must be consecutive, and five (5) days of which must be served in jail, and may be sentenced to no more than one (1) year
· FINE - maximum two thousand dollars ($2,000); there is no minimum fine.
· PROBATION - up to (2) two years; it may be supervised or unsupervised.
o Supervised probation is when you have a probation officer to report to and you are given terms of probation to follow to stay out of jail.
o Unsupervised probation is when there is no probation officer and any terms or conditions of probation will be reviewed by the court.
· DRIVER’S LICENSE SUSPENSION - Mandatory 1 year suspension beginning AFTER you are released from any jail sentence. There are not options for restricted privileges.
· IGNITION INTERLOCK - 1 year AFTER the period of suspension is over.
o You will only be authorized to drive a vehicle with a state-approved ignition interlock system installed, at your expense, for a period to end one (1) year following the end of the suspension period.
3rd OFFENSE (FELONY) DUI PENALTIES – 3RD or subsequent DUI within ten (10) years
· This is a felony.
· PRISON - Maximum ten (10) years; Minimum 30 days local jail.
· FINE - Maximum five thousand dollars ($5,000); No minimum fine.
· PROBATION – if suspended sentence or suspended sentence after a period of retained jurisdiction. Up to 10 years.
· DRIVER’S LICENSE SUSPENSION – Mandatory minimum period of one (1) year after release from imprisonment. Maximum suspension is 5 years. During the mandatory 1 year the suspension is ABSOLUTE but thereafter the Judge MAY grant RESTRICTED driving privileges.
· IGNITION INTERLOCK - 1 year AFTER the period of suspension is over.
ADDITIONAL ADMINISTRATIVE LICENSE SUSPENSION
In addition to the court suspension of driving privileges, there is a second separate suspension placed on your driving privileges by the Transportation Department.
You have the right to request a hearing within seven (7) days of the notice of suspension of your driver’s license to show cause why you refused to submit to or to complete and pass evidentiary testing and why your driver’s license should not be suspended. Any right to contest the suspension shall be waived if a hearing is not requested as therein provided. This means time is of the essence, call us at Anne Taylor Law Office today!
The suspension shall become effective thirty (30) days after service upon the person of the notice of suspension and notice of the requirement to install, at his expense, a state-approved ignition interlock system for a period to end one (1) year following the end of the suspension period.
AGGRAVATING FACTORS
· Aggravated DUI – If you cause great bodily harm, permanent disability or permanent disfigurement to any person while operating a motor vehicle under the influence. Aggravated DUI carries additional penalties to those listed above. Evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence.
· Excessive DUI carries additional penalties if your blood alcohol concentration is .20 or above.
ADDITIONAL THINGS TO CONSIDER WHEN CHARGED WITH A DUI
· If you drive a personal vehicle to work, and another vehicle while at work, you will need to have BOTH vehicles installed with an interlock device.
· There is a charge to have an interlock device installed on your vehicle as well as a daily or monthly fee for its use.
· Prior to sentencing you must pay for and obtain an alcohol evaluation by a substance use disorders service provider approved by the Idaho department of health and welfare. The Judge will take this evaluation and any recommendations into consideration when sentencing you. Often if treatment is recommended you will be ordered to complete and pay for such treatment.
· If you have a commercial driver’s license, a restricted permit will not be given for you to operate a commercial motor vehicle. Penalties for commercial licenses are different than those listed above.
· If you are under 21 years old, you are considered to be under the influence if your alcohol concentration level is .04 or over. The penalties for a person under 21 are different than those listed above.