What Happens To First Time Offenders in Idaho?
The BAC level qualifier for a DUI arrest in the state of Idaho is .08 and greater. A suspected DUI offender found to have .08 or greater on a breathalyzer will immediately receive a notice of suspension on his license processed by the law enforcement officer initiating the arrest. A first offense category is equivalent to five years of no DUI related arrests in any state, as Idaho checks parent states for previous alcohol related driving arrests within that span before calling the DUI charge a first offense category.
The fines for a DUI conviction in the State will range from $200 up to $1000 and prescribed jail time of a minimum of forty eight hours but not more than six months in a penitentiary prison. A convicted DUI offender will receive a license suspension of 180 days with the first 30 days ineligible for any restriction privileges. A DUI offender who has been found guilty will also be court ordered to get an alcohol evaluation and acknowledge all recommendations from the assessment aside from attending a Victim’s Panel.
Upon arrest, the court mandates all suspected DUI offenders to conform to law enforcement requested chemical and field sobriety tests. Refusing to take a breathalyzer test will result in an automatic license suspension of a minimum of 180 days without restrictive rights, unless a BAC hearing is expedited within the first 7 days. All suspects charged for a DUI must request for their own administrative hearing within the first seven days of arrest, or forfeit their driving privileges at a minimum of 30 days with restricted driving for the next 60 days regardless of a conviction.
First time offenders (with no aggravating circumstances upon conviction) may be eligible for probation, where the judge orders one to two years of supervision instead of a conviction and appoint penalties mandated by the statute. Some counties offer a DUI court, which is an alcohol treatment program for first time DUI offenders who are found with a high BAC of .15% or higher who wish to reduce their jail time. The course requires a completion of two days worth of the sheriff’s labor program and attendance of at least 30 AA meetings and fulfills 16 conditions set by county program protocol.
Idaho DUI Offenders under 21
DUI arrests can be made for minors who are found with .02% BAC or higher and can be charged with both administrative and criminal charges depending on arresting circumstance.
Get DUI Help: Repeat Offenses for DUI Arrests
Since the State of Idaho puts into practice a previous arrest policy, conviction of DUI related charges from your parent or Idaho adjoining states are reviewed when determining the degree and kind of DUI charge by the prosecutor’s office. In Idaho, the interlude of instance in which a judge can evaluate an offender’s record can be significant. If you have had a DUI conviction from years ago this could hinder you from getting First Offender status, thus exposing you to higher penalties and criminal sentencing.
Idaho studies previous conviction and arrest records with DUI, so expect more jail time if you are frequently convicted for DUI. Testing for alcohol results like BAC levels will modify your sentence; if you were convicted with a result in the “extremely intoxicated” classification for example the judge may also be mandated to install ignition interlock devices to all your vehicles. The court may or may not appoint mandatory drug testing and enforced achievement of an alcohol treatment curriculum as part of your sentencing stricture which you will have to shoulder.
Recurring delinquents will be afforded heavier criminal penalties and are discretionary to the judgment of the court. Because each case is affected by a different circumstance and degree of DUI arrest, the exact sentence may vary. As more explanatory conditions and repeat offenses are uncovered, the sentencing becomes elevated.
The criminal punishment for repeat DUI offenders who cause property damage and even worse accidents which lead to bodily harm and fatality will be subject to the highest form of prosecution claim and will sentence a convicted offender to severe criminal prosecution.
Hire an experienced Idaho DUI Attorney
The most important aspect of your defense is hiring a law firm that has a deep understanding of the DUI laws that govern conviction, plea bargaining, appeal and sentencing for Idaho. There are reputable law firms with an established practice that will make a significant difference in the outcome of your DUI charge. You can contact DUI lawyers either by phone or online. The first consultation is completely confidential and is normally free of charge.