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What is an "Excessive" DUI?

Posted by William Young | Oct 03, 2017 | 0 Comments

Most people know that the legal limit in Idaho is .08 but less well known is that another "legal limit" exists. Not Every DUI is the same. 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.

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.

About the Author

William Young

Idaho Criminal Defense and Civil Litigation Attorney. Although I do a little bit of everything in my practice, I focus primarily on Criminal Defense and Civil Litigation. I am licensed to practice, and have a record of success, in both state and federal court.

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