Driving under the influence can be either a misdemeanor or a felony in Idaho. It is illegal to drive with a blood alcohol concentration that’s above the specified level. Any driver can be found guilty of a DUI if their BAC is 0.08 percent or more. However, if you are under the age of 21, the BAC upper limit is 0.02 percent and if you are a commercial driver, the threshold is 0.04 percent.
Typically, the first offenses are treated as misdemeanors unless they involve injury to another person or the endangerment of a child. However, the penalties get harsher with each conviction and in some cases, you can be charged with a felony. Contact our Boise DUI attorneys for help today.
Felony DUIs in Idaho
If you are found guilty of a third DUI offense within a ten-year period, you’ll face felony charges. You could be incarcerated for as few as 30 days or as many as 10 years. You could also have to pay a fine of up to $5,000. In addition, your driver’s license will be suspended for one to five years. You will have to install an ignition interlock device (IID) for at least a year.
It is also a felony violation if you are convicted of a DUI with BAC of 0.20 percent or above within five years of a similar conviction. In such a case, you would be mandated to spend between 30 days and five years in jail. You would lose your driving privileges for one to five years and have to pay a fine of up to $5,000. There would also be an IID requirement.
Meanwhile, if you are intoxicated and you cause an accident resulting in injury or serious bodily harm, it is considered an aggravated DUI. This is a felony in Idaho, and it is punishable by even harsher penalties. You could be sentenced to a minimum of 30 days in county jail or a maximum of 15 years in state prison. Your driver’s license could be suspended for up to five years and you can be fined up to $5,000.
If you’re facing felony DUI charges, you need to hire a Boise DUI attorney. In addition to the criminal and administrative penalties, there are social, educational, and professional consequences of a DUI conviction. Your reputation, job, and professional licenses could be in jeopardy. You also lose many of your civil liberties such as the right to sit on a jury or vote. Some colleges and universities may also be reluctant to enroll you or have you live on campus. DUI charges, therefore, need to be taken very seriously. You need to work closely with your attorney to avoid conviction.
Defenses Against a DUI Charge
Your lawyer will examine the facts of your case and come up with an appropriate defense. Remember, the state needs to prove that you’re guilty beyond a reasonable doubt. If your attorney can weaken the prosecution’s case, you may be able to escape conviction. Depending on the circumstances, your lawyer may seek to prove that:
- You weren’t actually driving
- The police officer had no legal grounds for stopping you
- The officer didn’t follow proper procedures when arresting you, making any evidence they collected inadmissible
- The officer detained and arrested you without probable cause
- The officer did not read you your Miranda rights
- Your symptoms were due to a medical condition or fatigue rather than intoxication
- You didn’t do well on your field sobriety tests because of illness, age, footwear, nervousness or something other than intoxication
- The Breathalyzer machine was not properly calibrated or the officer who administered the test was not properly trained.
Contact the Trilogy Law Group Today to Discuss Your Idaho DUI Case.
A felony DUI conviction can change your life considerably. You shouldn’t attempt to handle your case on your own. Many drivers panic when they get arrested and say things that make their situation even worse. Even though the charges you’re facing are serious, stay calm and contact a Boise DUI lawyer at the Trilogy Law Group.
We’ll take a close look at your case and draw on our extensive experience with these types of cases. Our attorneys will do everything possible to help you avoid conviction. If that’s not possible, we’ll turn our attention to getting you the best possible outcome. Driving while under the influence of alcohol or drugs is never a good idea. If you make a mistake, the best thing to do is to get a skilled attorney on your side. Call us today to schedule a consultation.