A second DUI (Driving Under the Influence) conviction in Idaho comes with some very serious penalties and punishments. Do not take this lightly. Contact an Idaho lawyer experienced in handling second offense DUI charges.
Incarceration, steep fines, and counseling are just a few of the possible consequences of an Idaho second DUI conviction. In addition, your driver's license will automatically be suspended for a minimum of one year, possibly much longer. Your best chance of avoiding or reducing any of these penalties is to seek the expertise of an experienced DUI attorney who is familiar with Idaho DUI law.
DUI - Second Offense
In Idaho if you are charged with Driving Under the Influence (DUI) for a second time within 10 years, you are facing enhanced penalties. Although still considered a misdemeanor offense, a second DUI conviction comes with mandatory jail time, a spike in fines, and many other possible penalties.
Because the punishments are more severe, a second DUI conviction can wreak havoc on your life, both personally and professionally. It is critical to see an attorney who is experienced in second DUI charges to help ease the burden and walk you through the process.
DUI 2nd Offense - Punishments and Penalties
If you are convicted of a Second Offense DUI in Idaho you are subject to the following potential penalties:
- Jail- Jail time is mandatory. The minimum sentence for 2nd DUI offense in Idaho is 10 days, but a conviction can result in as much a one year.
- Probation - You will likely be placed on probation for at least one year and likely two. Some portion or all of this probation will be Supervised Probation rather than Unsupervised Probation.
- Fines of up to $2,000.
- Restitution for any injury and property damage caused as a result of the crime (for more this and what it includes - Idaho Code related to Restitution). You could also be forced to pay restitution for the costs associated with any tests performed by law enforcement as part of your case.
- Driver's License Suspension -As part of a 2nd Offense DUI conviction in Idaho, your driver's license will be suspended for a mandatory minimum period of one year, but many suspensions last longer. This suspension is absolute - meaning no driving at all (you can not receive a limited license).
- Ignition Interlock Device - to be installed on any car you drive after your license is reinstated (Idaho Code Re: Interlock Requirement). As of January 1st, 2019 a 2nd DUI conviction in Idaho will result in the immediate installation of the Ignition Interlock Device as soon as your license is reinstated. The device, which measures your Blood Alcohol Content (BAC) before allowing the car to start, will be installed and maintained at the expense of the driver. To learn more about this rule take a look at the blog article New Harsher Penalties For First Time DUI Offenders.
- An Alcohol Evaluation and potentially extensive (and expensive) court ordered alcohol treatment, counseling, and education. This will include the Victims Panel - a one day session required for individuals convicted of any DUI offense in Idaho. For more about these requirements - Idaho DUI Conviction Treatment Requirements.
For more information on Second Offense DUI Penalties in Idaho, see Idaho Code §18-8005 - Penalties.
A Second Offense DUI On Your Criminal Record
In looking at the punishments listed above for a Second DUI conviction in Idaho, you might think that a criminal record is the least of your worries - you would be wrong. A conviction can have serious long term consequences beyond those punishments ordered by the court. A conviction for a Second Offense DUI can potentially affect your employment, personal relationships, and reputation.
A conviction can be particularly harmful in terms of gaining future employment, state licensing, federal education funding, and obtaining housing. The conviction will appear on any background checks done by any employer or government agency.
Fight Your Idaho DUI Second Offense Case
No 2nd Offense DUI case is hopeless. No matter the circumstances, it is important that you seek an attorney's help - an attorney can do a great deal to help you during this difficult time. Yes, the potential penalties for a Second DUI conviction are severe, however, this is exactly why you should hire someone you can trust to fight for your freedom.
No two DUI cases are exactly alike. There is no cookie cutter DUI defense that works in every case.* The strength and weakness of your case will depend on the particular facts and circumstances. The attorneys at William Young and Associates work hard to develop the best defense for your individual case. This could mean the difference between a conviction and an acquittal, dismissal, or reduction of the charges.
Even if you plead guilty or are found guilty of an 2nd DUI in Idaho, an attorney can fight to achieve you the lowest possible sentence. We are here to tell your side of the story, negotiate a reduced sentence, and present an argument to the judge as to why you deserve leniency. Your story is important - Let us help to make sure it is told.
*Because each Second Offense DUI case is unique, so is each DUI defense. However, are looking for some general information, please click on the following link - Common Idaho 2nd DUI Defenses.
THE IDAHO CRIMINAL JUSTICE SYSTEM ISN'T PERFECT & NEITHER ARE DUI CHEMICAL TESTS
Idaho DUI charges are largely based on the arresting officer's opinions and observations. The officer uses their judgment to decide to pull you over or require a field sobriety test. These observations and opinions do not necessarily tell the story the officer thinks they do. Let us tell the story from your perspective.
Even if a BAC reading is taken, we have the experience, skill, and knowledge to challenge the legitimacy of such tests and the reliability of the results.
Hire An Experienced Idaho DUI Lawyer To Fight Your Second Offense DUI Charge
If you are charged with an Idaho DUI - Second Offense, you need a lawyer that will fight to protect your rights. Call us today for a free consultation.