What is an Aggravated DUI?
An Aggravated DUI is a more serious offense than a standard DUI, meaning it carries harsher penalties upon conviction. An Aggravated DUI charge is defined as a first-time DUI where the driver’s blood alcohol concentration was .20 or higher. The legal limit for most states is .08.
However, some states have special rules for individuals under 21 or commercial drivers. In most states, if a person is facing Aggravated DUI charges, they are facing the same penalties as those associated with a second-time DUI conviction.
Aggravated DUI in the State of Idaho
So you were arrested for driving under the influence, now what? DUI arrests are very scary and there are a lot of different factors that go into a DUI conviction, and depending on the circumstance, it can quickly be elevated to an extreme DUI, or an aggravated DUI charge.
Factors that Result in an Aggravated DUI in Idaho
The most prevalent aggravated DUI accusations stem from automobile accidents in which the drunk driver injures or kills another driver. Another scenario that might lead to an aggravated DUI is when a drunk motorist causes significant harm or death to a passenger in their vehicle, most of the time by driving over the speed limit. An aggravated DUI conviction can be brought against an inebriated motorist who causes the death or bodily harm of an innocent pedestrian or cyclist. If a DUI case causes a fatality, the person charged is subject to a maximum of fifteen years in prison in the state of Idaho.
If the defendant’s age is considered a mitigating factor, the minimum prison sentence is reduced. For example, if the aggravated DUI charges involved an underage passenger, the minimum prison term is six months. However, there are still several other aggravated DUI factors that can affect the length of the prison sentence.
For example, if the DUI conviction involved a motor vehicle accident with an emergency vehicle (ambulance, police car), firetruck or rescue squad vehicle that causes bodily harm or vehicular manslaughter to any person other than the defendant, the minimum prison sentence is one year and a day. If there was no such collision but death occurred as a result of the DUI, at least four years will be needed.
If the driver committed the aggravated DUI while their license was revoked, then one year is added to the minimum term of imprisonment. This does not apply if it was due to a suspension or revocation under implied consent laws for refusing testing. If the defendant had two or more prior convictions for an aggravated DUI charge in last ten years, there is at least four years of prison time. This can be increased to ten years, if the DUI charge caused property damage or great bodily harm.
If the defendant used a vehicle without the owner’s consent while committing the DUI, one year is added on to any minimum term of imprisonment imposed. If this was done with intent to permanently deprive the owner of the vehicle, the defendant will get at least six years in prison.
If, while committing an aggravated DUI and driving over the speed limit, someone else was seriously injured or killed, then ten to twenty-five years of imprisonment are needed. If it amounted to murder, life imprisonment is required. However, this does not apply if the defendant did not know that death would occur or was a merely a possibility.
High Blood Alcohol Content = Aggravated DUI in Idaho
The penalties for a DUI/DWI in Idaho are dependent on the BAC of the person arrested. BAC of more than .20 will qualify as an aggravated DUI charge. The legal limit is .08% if you are 21 or older, and .02% if you are under the age of 21. If your BAC is over these limits, you can face jail time, fines, driver’s license suspension and more.
If your blood alcohol content is .15% or higher, then you may face felony charges and more serious penalties that may include expensive fines and jail time of up to five years depending on your prior history.
If your blood alcohol content is .20% or higher, the penalties are even more severe, potentially resulting in 15 days to one year in jail. If you are under 21, your driver’s license will be suspended for 90 days if your BAC is between .02% and .08%. You may also receive a fine of $250 to $1,000 and be required to complete an alcohol awareness class.
If your BAC is .25%, you can face up to one year in jail and a fine between $500 and $1,000. If you are under 21, you will be required to install an ignition interlock device for at least six months and may face a driver’s license suspension of one year and a fine between $500 and $1,000.
For most people whose BAC is over .04%, they will be required to have an ignition interlock device installed in their vehicle. This device requires you to submit a breath sample before the car will start.
An aggravated DUI is more serious than a standard DUI as it carries enhanced penalties and most often times results in a prison sentence. While the most typical is a misdemeanor DUI, aggravated DUI’s have very specific aggravating factors that bump it up to a felony charge.
In most cases, you will be required to complete an alcohol awareness class. If you’re facing your first DUI charges or if it is a misdemeanor offense, jail time can be as little as one day. Fines vary based on the number of offenses within ten years and are typically between $100 and $300.
As always with any type of criminal defense case, it’s recommended to seek legal counsel prior to answering any police questions.
Aggravated DUI with a Child in the Car
One of the most serious charges is aggravated dui with a child in the car, even if no wreck results. The charge may seem similar to regular dui with child endangerment, which could lead to an enhanced penalty for being intoxicated while transporting children. However, the charge should be taken seriously because it could result in a felony conviction.
An aggravated DUI conviction with a child in the car means that someone is accused of operating his or her vehicle while intoxicated and also transporting at least one minor child. The charge may seem similar to regular dui with child endangerment, which could lead to an enhanced penalty for being intoxicated while transporting children.
Criminal Record With An Aggravated DUI
With an Aggravated DUI result in Idaho, a criminal record is not the least of your concerns – you’d be incorrect to assume otherwise. The long-term effects of a conviction go well beyond the penalties imposed by the court. If you have a criminal record, or a prior conviction, your job prospects, personal connections, and reputation might be adversely affected.
A prior conviction can have a significant impact on a person’s ability to find work in the future, get state licensure, receive federal financial aid, and secure housing. A felony conviction will show up on any background checks, and most businesses won’t hire someone with a felony on their criminal record.
Multiple DUI Convictions In Idaho
If you are convicted of two DUI’s in Idaho, regardless if they are out of state, the court will treat them as one offense for sentencing purposes. You will receive a single sentence with an aggregated penalty based on both convictions. Any additional violations, while your case is pending or within five years of the final conviction date, will be included with your prior DUI in determining the penalty.
If you are convicted of three or more DUI’s in Idaho, regardless if they are out of state, the court will treat them as one offense for sentencing purposes. You will receive a single sentence with an aggregated penalty based on all convictions.
Any prior DUI violations, while your case is pending or within five years of the final conviction date, will be included with your DUI in determining the penalty.
Penalties For Multiple DUI Convictions In Idaho
If you are convicted of two DUIs and you killed someone as a result, you will be sentenced to life imprisonment without the possibility of parole. Once your Idaho driving privileges has been revoked for the first time, you will be required to pay fees of $75-$1,000 and complete an alcohol and drug course before your license is reinstated.
Once you have been convicted of a second DUI in Idaho, your license will be revoked for up to five years and you must complete an alcohol and drug treatment program before being allowed to drive. If you are convicted of a third DUI in Idaho, your license will be revoked for up to five years and you must complete an alcohol and drug treatment program before being allowed to drive.
You may have your license reinstated after completing the requirements set forth by the court if applicable. However, if this is your second DUI committed within five years, you will need approval from the Idaho Transportation Department.
Penalties For An Aggravated DUI In Idaho
The penalties for a DUI in Idaho are dependent on the BAC of the person arrested. The legal limit is .08% if you are 21 or older, and .02% if you are under the age of 21. If your BAC is over these limits and there is a DUI resulting, you can face jail time, fines, driver’s license suspension and more.
In most cases, you will be required to complete an alcohol awareness class. If this is your first DUI arrest or if it is a misdemeanor, jail time can be as little as one day. Fines vary based on the number of offenses within ten years and are typically between $100 and $300.
For most people whose BAC is over .04%, they will be required to have an ignition interlock device installed in their vehicle. This device requires you to submit a breath sample before the car will start.
If your blood alcohol content is .15% or higher, then it is considered a criminal offense and more serious penalties that may include expensive fines and jail time of up to five years depending on your prior history. You may also receive a fine of $250 to $1,000 and be required to complete an alcohol awareness class.
Defend Yourself Against Idaho Aggravated DUI Charges
Idaho aggravated DUI cases are never hopeless. There are times when an experienced DUI attorney may make a huge difference, and no matter what the situation, you should always look for legal counsel. In spite of the potentially serious criminal penalties and consequences of a conviction for Aggravated DUI, you should contact a lawyer who will fight for your rights.
Defending a DUI/DWI charge depends on the facts and circumstances of each case. There isn’t a one-size-fits-all approach to DUI/DWI defense. However hopeless your situation may appear, an attorney may still do much to help your case even if police enforcement has taken your life or you have confessed to the crime.
Having an attorney on your side can help you get the best possible sentence if you’re charged with an Aggravated DUI in Idaho. Knowing the facts about your case is crucial to making that determination.
Hire A Lawyer To Fight Your Aggravated DUI Case
Once you find an experienced DUI/DWI attorney that will help you with your Aggravated DUI in Idaho, there are some avenues that they will take to fight to have the criminal charge against you dropped.
- Challenge the arrest on factual grounds by filing a Motion To Suppress Evidence and arguing that the police officer lacked probable cause to make a lawful stop and lacked reasonable suspicion to perform a lawful Terry Stop (a brief detainment). These facts must be argued on Memorandum of Points and Authorities at your Pretrial Conference.
- Fight your case on Constitutional Grounds. The law in Idaho says that if you are arrested for an Aggravated DUI, the police officer must read the Implied Consent Notice of Rights before they can perform a breath test. This notice includes information about what will happen if you refuse to take the test, your rights to consult with an attorney, and the fact that refusing to take the test will result in revocation of your drivers license.The problem is that in Idaho, this notice must be read in person – not over the phone or in writing. To support this argument, you need to present any evidence at trial demonstrating there was no oral advisement of rights before you provided the breath sample.
- Fight your case on Constitutional Grounds once again, but in a different way. The law in Idaho says that when the Implied Consent Laws were passed, they created a new crime: “Driving Under the Influence.” The problem with that is that the Legislature can’t pass a new crime – only the courts can do that by declaring the creation of a new offense.
Until this has been done, all cases are procedurally defective for failure to give notice of the elements of the offense(s) they are trying you on. To support this argument, you need to present any evidence at trial demonstrating there was no oral advisement of rights before you provided the breath sample.
Only after all three steps have been completed can your attorney ask for a dismissal of your case. You should be aware than even if the above steps are met, your attorney will still need to argue that there is no evidence of impairment for an Aggravated DUI.