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.
What Is An Excessive DUI?
While it is illegal in Idaho for anyone to drive with a blood alcohol concentration (BAC) over .08, an excessive DUI is an enhanced criminal charge where the defendant's blood alcohol concentration is above .20. This is a misdemeanor offense and, if convicted, can lead to a variety of penalties.
What Are 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.
- Ignition Interlock Device Penalty
Under the new 2019 law any first time DUI offender will be required to install an interlock device on their vehicle for one full year after their conviction. 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.
The maximum fine for a conviction is $2,000.
- 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 an Excessive DUI in Idaho, you need a lawyer that will fight to protect your rights and your future. We will give you an honest, no BS, assessment of your case. Call me for a free consultation.