Felony DUI vs Misdemeanor DUI
According to Idaho law, driving under the influence is a criminal offense. The law determines that a DUI crime is classified as a misdemeanor or felony based on the consideration of the circumstances.
The seriousness of the crime can be determined by various variables, including the number of repeat crimes and whether or not the perpetrator caused an accident. Having a knowledgeable attorney on your side is highly beneficial if faced with this situation.
Many drivers believe that driving under the influence is a minor misdemeanor. However, if aggravating conditions are added to a misdemeanor DUI charge and the case is elevated to the level of a felony dui, the punishment can be pretty severe.
This is why it is critical to understand that driving under the influence is considered a criminal charge in the state of Idaho.
Second DUI Conviction
In Idaho, second DUI offenses are often treated as a misdemeanor charge. You will be charged with a second DUI offense if you commit a DUI offense within ten years of your first DUI crime.
The sanctions for a second misdemeanor crime are pretty lenient. If your blood alcohol content is less than 0.20 percent, you might risk a fine of up to $1,000 as well as a required 10-day prison sentence. In addition, you will have your license suspended for a minimum of one year.
When your reported blood alcohol level is over 0.20 percent, severe penalties come into play. That is the point at which a second DUI is classified as a felony DUI charge. This applies only if your first DUI offense was a blood alcohol concentration of 0.20 percent or higher, and the crime happened within the previous five years.
Third DUI Conviction
In Idaho, a third DUI charge, as well as any future crimes, are deemed a felony conviction. The severity of the punishments increases with each subsequent infraction.
Even if you are not condemned to prison, you must serve at least 30 days in jail to be held accountable for your actions. A jail term of up to 10 years awaits if you are found guilty of a third crime. You may also be subject to fines of up to $5,000.
When it comes to a simple third DUI misdemeanor conviction, the license suspension and ignition interlock restrictions are the same as when it comes to prior DUI convictions. Your license may be revoked for a minimum of one year and a maximum of five years. The ignition interlock device must be kept in your car for a minimum of one year after the installation.
When a motorist causes a collision that results in substantial physical harm or injury, a simple DUI crime gets bumped into an aggravated DUI offense. As a result, regardless of whether the blood alcohol level was exceptionally high over the legal limit or even the first or consecutive violation, the DUI charge is classified as a felony DUI in certain circumstances.
Driving under the influence of alcohol or drugs has harsh consequences. Although the specific sanctions will vary depending on the aggravating factors and degree of the injuries sustained, they must meet the following legal requirements.
If convicted of an aggravated DUI, you might face a jail term of up to 15 years. At the absolute least, you will have to serve 30 days jail time. The very first 48 hours have to be consecutive to count.
The fines for an aggravated DUI might be as high as $5,000 in some cases. You may potentially face a suspended license lasting from one to five years. You will also be subject to a suspended sentence due to this.
Felony DUI convictions will go on your criminal record. It is then made available to future employers, landlords, and anyone who may wish to do a background check on you due to your actions. This is why being charged with a crime can significantly complicate your situation and negatively influence your life.
If you believe you have been wrongfully charged with a felony offense drunk driving conviction, you must retain the services of an experienced criminal defense attorney to help lessen or clear you of your charges and keep your criminal record clean.
Importance of a DUI Defense Attorney
The consequences of receiving a felony DUI can be severe, especially if it is your second or third conviction. You could face misdemeanor or felony charges, depending on the nature of the conduct and the severity of the consequences. It is possible to challenge a prior felony DUI conviction and get the penalty lowered.
Also, consider court-ordered rehab, DUI education programs, and community-based assistance. In many instances, these solutions can assist you in avoiding jail time.
However, you will need the help of an experienced felony DUI lawyer to investigate your possibilities and present them to the court to aid in your acquittal or lessen your felony DUI charges.