If you are arrested for a DUI and your blood alcohol concentration (BAC) is .20 or higher you will be charged with an “excessive” DUI rather than a standard DUI. While the State's burden in proving an excessive DUI is nearly identical to proving a standard DUI, a conviction for an excessive DUI carries much steeper penalties.
A conviction for your first excessive DUI is a misdemeanor but your second conviction within five-years will result in a felony. A felony DUI conviction carries very serious negative consequences along with a lifetime of complications, restrictions, and frustrations.
Excessive DUI Penalties
If you have been convicted of an excessive DUI for the first time, here are some of the possible penalties:
Jail Time There is a minimum of 10 days jail time (with the first 48 hours being consecutive). While 10 days is the minimum penalty, the State reserves the right to impose up to a total of 365-day jail sentence.
License Suspension There is a mandatory 1-year absolute drivers license suspension.
Fines The maximum fine for a conviction is $2000.
Alcohol Evaluation Those convicted are subject to a variety of different evaluation techniques. Based upon the findings of the evaluation counseling, alcohol education, and rehabilitation are all possibilities.
Victim's Panel This is typically a two-hour class where victims/survivors of a DUI share their stories about the physical, emotional, and financial impact of the DUI on their lives, their families, and the communities.
Mandatory SR-22 High Risk Insurance When you reinstate your license, Idaho law states that you must provide proof that you have purchased SR-22 insurance, which guarantees that you can pay for any costs that could potentially arise in the case of future accidents you cause.
For more information, see: Idaho Code §18-8005 - Penalties.
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