Depending on how many previous convictions you have, you could be facing any number of punishments for DUI. Some sentences only include fines, while others involve mandatory jail time and installation of an ignition interlock device in your vehicle. So, how can the sentences differ? We’ve expanded on the details of first, second, and third-time DUIs in Idaho.
Under Idaho law, if you are 21 or older, your blood alcohol content level (BAC) needs to be .08% or higher in order to be convicted of DUI. If you are under the age of 21, the court can convict you if your BAC registers at .02%. Additionally, the court can charge commercial drivers found to be driving with a BAC level of .04% or higher.
The number of previous DUIs on your record will affect future DUI punishments. When issuing a new sentence, the court will reference any DUI that has occurred in the past 10 years. Any DUI convictions that occurred more than 10 years ago will not be counted toward your new DUI sentence.
Your first DUI, or the first you have committed within 10 years, is considered a misdemeanor offense and could result in up to 6 months in jail and $1,000 in fines. Additionally, the court may revoke your driver’s license between 90 and 180 days. To prevent this from happening, you can file a license suspension appeal within 7 days of the arrest.
If your BAC level was .2% or higher, the court will punish you more severely. In such cases, the law requires that you serve between 10 days and 1 year in jail. Additionally, your fines could reach up to $2,000, and the DMV will suspend your license for a minimum of 1 year. This form of suspension does not allow you to file an appeal or apply for an occupational license.
If convicted of a second DUI within 10 years, the court will sentence you to a minimum of 10 days’ jail time. You may also face fines of up to $2,000 and mandatory license suspension of 1 year. Additionally, the DMV will issue you an ignition interlock device for your vehicle after your license is restored.
If your second DUI involves a high BAC level, you will face a felony charge and be ordered to spend 30 days in county jail. Depending on the severity of your crimes, the court can extend your jail time to up to 5 years in prison, and fine you up to $5,000. The court can revoke your license for up to 5 years and will require the use of an ignition interlock device once your license is reinstated.
Similar to a high BAC second-time DUI offence, charges for a third-time DUI offense can result in up to 5 years in prison, with a minimum 30 days in jail. Additionally, you can lose your driving privileges for up to 5 years and face fines of up to $5,000.
Implied Consent Law
Idaho has an “implied consent” law, meaning anyone operating a vehicle voluntarily agrees to chemical testing for intoxication. This can reference a blood, breath, or urine test. Typically administered by police officers at the time of an arrest, the court can reference these tests as evidence against you during a DUI hearing.
Although you voluntarily consent under this law, you may refuse chemical testing. By doing so, you submit yourself to an automatic $250 fine and a 1-year revocation of your driver’s license. You can appeal your license within 7 days of your arrest, but may still face DUI charges if your behavior during the arrest indicates driving under the influence.
Our DUI Attorneys Have Over 70 Years of Combined Experience
If you are facing DUI charges, you are not alone. Our Pocatello DUI lawyers have experience defending a variety of charges and will work with you to fight for your rights. We take the time to analyze the details of the crime, examine the evidence, and build a strategy to combat the charges that have been made against you. Whether you are a facing a first-time misdemeanor or a felony DUI, our legal team at May, Rammell & Wells has the knowledge to defend you.
Some of the details surrounding your DUI are time-sensitive. Don’t wait to contact one of our Pocatello DUI attorneys as soon as possible. Call (208) 623-8021.