Sullivan Law Office, PLLC, in Coeur d’Alene, Idaho, advises and represents clients facing Idaho DUI charges, and we’re no strangers to the anxiety and stress that our clients can go through as they await trial. DUIs are serious.
Driving under the influence, or DUI, does not just refer to driving drunk. “Influence” can encompass any drug that impairs your ability to operate a vehicle safely, including illicit drugs, prescription drugs, or even over-the-counter medications. Just because you ingested something “legal” does not make it okay to get behind the wheel. The warning label on that cold medicine that causes drowsiness is not just a throwaway suggestion. If you ignore it and hit the road, you could be facing a DUI charge, which is a crime.
In Idaho, every year, about 1,500 car crashes involve an impaired driver. Some of these crashes result in a fatality. Sometimes it’s an innocent person—a pedestrian, bicyclist, or a driver or passenger in another vehicle. Other times, it’s the impaired driver or a passenger in that individual’s car. Nationwide, over 1,000 children die in car accidents every year, and about a quarter of those deaths are from crashes involving at least one impaired driver.
Even if a DUI driver causes an accident that does not result in death, it may result in injuries that cause permanent disabilities, broken bones, head trauma, property damage, or other harm. In other words, with these types of statistics, law enforcement views keeping DUI drivers off the road as an important public service, so it’s no wonder that DUI punishments can be severe.
Breakdown of Penalties for DUI Convictions
If you're charged with a DUI in Idaho, law enforcement officials, from the cops who pull you over to the prosecutors reviewing your case, are going to take it seriously. Meaning, it is not just going to go away. You’ll need to put forward the best legal defense you can, and that’s where we come in. These are the penalties you could face:
First-Offense DUI (Misdemeanor)
If you have no prior DUI convictions or none in the past 10 years, your DUI may qualify as a first-offense misdemeanor. This is in cases where you were pulled over and found over the legal limit, but did not cause any accident or harm. Penalties include:
- Jail Time: Up to 6 months
- Fines: Up to $1,000
- License Suspension: 90 to 180 days (30 days mandatory, then a restricted permit may be possible)
- Ignition Interlock Device (IID): 1 year mandatory minimum
- Alcohol Evaluation & Treatment: Mandatory substance abuse evaluation
Excessive DUI (Misdemeanor)
If you have no prior DUI convictions or none in the past 10 years, but your BAC was over .200. Penalties include:
- Jail Time: 10 days minimum, up to 1 year (mandatory minimum cannot be waived by the court)
- Fines: Up to $2,000
- License Suspension: 1 year (no driving privileges during that time)
- IID: 1 year required after a license is reinstated
- Alcohol Evaluation & Treatment: Required substance abuse evaluation
Second-Offense DUI (Misdemeanor)
If you have one prior DUI conviction within the past 10 years, it is still considered a misdemeanor, but you may be sentenced to:
- Jail Time: 10 days minimum, up to 1 year (mandatory minimum cannot be waived by the court)
- Fines: Up to $2,000
- License Suspension: 1 year (no driving privileges during that time)
- IID: 1 year required after a license is reinstated
- Alcohol Evaluation & Treatment: Required substance abuse evaluation
Third-Offense DUI (Felony)
If you have two prior DUI convictions within the past 10 years, your third DUI is now considered a felony. A felony DUI will result in:
- Jail/Prison Time: 30 days minimum in county jail, up to 5 years in state prison
- Fines: Up to $5,000
- License Suspension: Minimum 1 year absolute suspension, up to 5 years total
- IID: Required for at least 1 year after license reinstatement
- Alcohol Evaluation & Treatment: Required treatment
Aggravated DUI (Felony)
Even if it is your first DUI, if you cause serious injury to anyone or there are other aggravating factors, it will be classified as a felony. You may be facing:
- Prison Time: Up to 15 years, depending on the severity of the incident
- Fines: Up to $5,000 or more
- License Suspension: Minimum 1 year, up to permanent revocation
- IID: Required
Other Consequences of a DUI
In addition to the criminal penalties that result from a DUI conviction, there are other impacts on your life in terms of finances, livelihood, time, and relationships. Here are some of the consequences that follow a conviction:
- SR22 Form for Insurance: Even if driving privileges are restored, you will likely be required to file an SR22 form with the DMV. This comes from your insurer and verifies you have the minimum insurance required by state law.
- Criminal Record: All criminal convictions, whether misdemeanors or felonies, will be permanently on record in Idaho. There are some post-conviction remedies for individuals with minimal history.
- Employment, Housing, and Insurance: Loss of driving privileges can affect your ability to work. A criminal record also impacts loans, credit, and raises insurance rates.
- Probation: Even without much jail or prison time, probation can restrict your freedom to travel or engage in activities.
- Community Service: Courts may impose community service in addition to penalties above.
Contact an Attorney
DUI convictions in Idaho carry serious, long-lasting consequences, even for first-time offenders. If you are arrested for a DUI, don’t panic. The most crucial step is to consult an attorney as soon as possible. Speak with one of our experienced Idaho criminal defense attorneys at Sullivan Law Office. We can educate you, advise you, and help you navigate the confusing and intimidating legal processes. We will investigate your case to develop the best defense possible and help you make decisions that serve your interests.
If you're facing a DUI or any other criminal charge, don’t try to handle it alone. Call Sullivan Law Office, PLLC, in Kootenai County today. You can rely on us to protect your rights and be your advocate.
The preceding is for informational purposes only and is not intended as legal advice for any specific person or situation.