A DUI is a serious offense and can have very negative repercussions for your freedom, your relationships, and the overall quality of your life. The severity of your punishment can be even more intense if this is not your first offense, but no matter your track record, you will need an experienced, qualified attorney by your side to help ensure that you enjoy the best possible outcome,
What Counts As A DUI?
Idaho law classes a driver as being under the influence if one of three criteria are met:
- You are under the age of 21, with a blood alcohol count (BAC) of 0.02% or higher
- Your BAC is 0.04% or above, and you are in control of a commercial vehicle
- Your BAC is 0.08% and you are at the age of 21 or over.
You may also be charged with a DUI even if your BAC is lower than 0.08%, but you are still found to be under the influence of illegal substances.
What Are The Penalties For A DUI?
If you are found guilty of driving under the influence (DUI), there are a number of penalties that you may have to face, and these include:
- Jail Time
Jail sentences are relatively rare in most misdemeanor DUI cases, especially if you are a first-time offender. For repeat offenders or very serious situations, however, you could be looking at a lengthy incarceration.
- Community Service
Community service is a relatively common punishment for many DUI cases, especially for first offenses. This will usually be set up and arranged through the Sheriff’s office, but some courts will give permission for community service to be arranged independently, as long as proof is provided by a specific date.
- Sheriff’s Inmate Labor Detail (SILD)
In some situations, community service may not be suitable – usually due to a lengthier sentence or added risk factors. In this case, a sheriff’s inmate labor detail may be allocated – this splits your sentence, with eight hours of SILD counting as one day of jail. Typical activities involve picking up garbage or repairing fences.
- Work Release
Even if you are sentenced to jail, judges may still permit work release, allowing you to go to your job and report back to the jail at the end of the workday – this means that you can keep your job and continue to earn money, even when you are incarcerated.
- House Arrest
If you have extenuating circumstances, such as a health condition, you may be ordered to serve your sentence under house arrest, but this is rare for a DUI offense.
- Fines
A fine is one of the most common punishments for a DUI – this will be a maximum of $1000 for a first-time offense, and up to $2000 for a second or later DUI conviction. In addition to fines, you may also have to cover the court costs, which can be from $150 to $250.
- Restitution
If you driving under the influence resulted in damage to another person, you may be required to pay restitution to the victim – failure to pay will usually result in a probation violation charge and more jail time.
- Alcohol or Substance Abuse Evaluation
Idaho law requires courts to order substance or alcohol abuse evaluations for everyone convicted of a DUI, and these must be carried out by an approved evaluator, who will recommend a course of classes. These will need to be completed during your probation and can range from eight hours to thirty-two hours or more. In serious cases, you may be required to attend inpatient treatment.
- Victim’s Panel
Under Idaho law, you will also be required to complete a one-night “victims panel”, which is intended to educate offenders on the dangers that come with driving under the influence, and the real-life impact on those who are the victims of these accidents.
- License Suspension
A DUI conviction will also result in your driver’s license being suspended, and the length of this will vary depending on your circumstances, and the severity of your charge. First-time DUI suspensions can last between 90 and 180 days, and the first 30 of these will be absolute, meaning that you are not permitted to drive for any reason. Following the first 30 days, you may be eligible to qualify for a work permit.
A second or further offense will see your license suspended for a year, and the whole twelve months will be absolute – there will be no option for a work permit.
- Interlock Device
If you are convicted of a second DUI, you will be ordered to fit an interlock device. This is a tool that can be installed on your car, and which requires you to pass a breathalyzer before the car will start. Any alcohol detected will prevent your engine from starting, and your probation officer will be automatically notified of the event.
Refusing A Test
In Idaho, you can also be penalized for refusing a test – the first offense will net you an order of suspension. You can request a hearing, in writing within 7 days, but if this is not in your favor, you may be fined $250, and have your license suspended for a year. Refusal of a second test can result in a $250 fine, and your license suspended for two years, with no option for a restricted or working license.
Your Next Steps
If you have been convicted of a DUI, the most important first step is to contact an experienced attorney. Our team is on hand to advise you every step of the way and will work to ensure that you achieve the best possible outcome.
