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 in Idaho carries much steeper penalties.
A conviction for your first excessive DUI in Idaho is a misdemeanor but your second conviction within five-years will result in a felony DUI. 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 in Idaho 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.
An Experienced Idaho DUI Attorney
If you are charged with a DUI in Idaho, you need a lawyer that will fight to protect your rights an your future. I will give you an honest, no BS, assessment of your case.