Facing a First DUI Offense in Boise?
Being charged with a Boise DUI in Idaho for the very first time may be terrifying, especially with the state’s stringent drunk driving laws and the genuine threat of facing severe consequences.
Despite the harsh consequences that might result, there is a chance that the person facing their first time DUI conviction and their attorney will be able to file an appeal and seek dismissal. Unsuccessful efforts to get the charges dismissed by an expert DUI attorney can have long-term consequences for a person’s reputation.
First Offense DUI
If you are charged with DUI for the first time in Idaho, you have the right to appear before an administrative driver’s license hearing to contest the suspension of your driving privileges.
At the moment of arrest, the police will take the person’s driver’s license and issue a “Notice of Suspension,” which serves as a temporary driver’s license for seven days after it is initially granted. After the seven days have expired, your license is suspended for six months unless the allegations against you are contested. It is strongly recommended that all persons charged with DUI do so and be accompanied by an attorney who will represent them.
To avoid the suspension of their client’s license, the attorney representing the defendant must appear in front of an administrative judge through the Idaho Department of Highway Safety and Motor Vehicles. The hearing is held before an administrative judge and is conducted by the Department of Highway Safety and Motor Vehicles. It is vital to note that if an individual wish to prevent a lengthier suspension, they have just seven days from the date of arrest to request an administrative hearing.
An experienced DUI attorney not only defends their client in an administrative hearing, but they can also fight on their behalf in criminal court to have the accusations against them reduced or removed entirely.
Suppose the defendant decides to enter a “not guilty” plea to the allegations against them. In that case, a trial will be held. The arresting officer, the prosecution, and any witnesses called by the defense on the defendant’s behalf will testify before a judge and a jury. If the defendant wins their case, the charges against them will be dropped.
Idaho Penalties for First DUI Offense
Driving under the influence and taking a field sobriety test with a blood alcohol content greater than .08 but less than .15% can be classified as a second-degree misdemeanor and enforceable with fines, time served in prison, license suspension, and other restrictions.
A person convicted of DUI for the first time will be subject to a fine of at least $500 but not more than $1,000, as well as a jail sentence lasting no longer than six months if proven guilty.
A first offense DUI conviction will result in a minimum six-month suspension of the driver’s license, as well as obligatory community service work of 50 hours or more for the offender. Suppose the individual is unable to complete the community service obligation. In that case, they may choose to pay an extra $10 for each hour of community service imposed (up to a maximum of $500).
Certain variables, such as a blood alcohol content of more than .15%, injuries or property damage sustained during the event, and the refusal to submit to a chemical test, may enhance the accusations of the first offense and result in additional punishments.
Serious Penalties for Multiple DUI Charges
If you receive a second DUI conviction within ten years of your first DUI, the state of Idaho considers the second DUI violation to be a criminal offense.
If your blood alcohol evaluation is less than 0.20 percent, you could face up to one year in prison and at least ten days of mandatory jail time. You may also be required to pay fines of up to $1,000 and your driving privileges suspended for a minimum of one year.
If you are arrested again for a DUI with a blood to alcohol level of 0.20 percent or higher, it is constituted as a felony infraction. In this instance, you will be sentenced to at least 30 days in jail with a maximum of five years in prison. You could also face fines of up to $5,000 and suspension of your driving privileges for a period of one to five years.
In addition to those requirements, it will be required to have an ignition interlock device put in your vehicle for at least one year following the completion of your probation.
A felony charge is filed in Idaho on a third violation of driving under the influence. The sentence for a third violation ranges from 30 days to 10 years in prison. You also risk fines of up to $5,000 as well as a restricted license or suspension ranging from one to five years.
A third DUI offense, like the second, necessitates the installation of an ignition interlock device for at least one year.
Aggravated DUI Charges
Suppose you are determined to chance a DUI arrest and drive under the influence of alcohol or drugs, leading to an accident that results in substantial physical harm and injury to another person. You will be charged with an aggravated DUI.
Idaho DUI penalties for an aggravated DUI is a felony criminal charge, and the consequences are significantly more severe. A minimum of 30 days in county jail and a maximum of up to 15 years in state prison are the punishments that will be imposed. The duration of license suspension for aggravated DUI ranges from one to five years. You could potentially face a fine of up to $5,000.
Importance of DUI Lawyers for Criminal Defense
DUI ramifications can be severe and should not be taken lightly; if you are at risk of receiving your first or an additional DUI conviction, you must retain the services of an experienced DUI lawyer with vast experience who is familiar with Boise DUI.
Your attorney will assist you in fighting for your rights, whether you are investigating incorrect breath tests or whether there even were legitimate grounds for the traffic stop in the first place. By collaborating closely with your DUI attorney, who is well-versed in this branch of the law, you may begin to lay the groundwork for your defense right away.
The consequences of receiving a Boise Idaho DUI citation can be significant, mainly if this is your second or third violation. You can face misdemeanor or felony charges, depending on the nature of the conduct and how serious it is.
When charged with a DUI, it is possible to challenge the conviction and seek a reduction in the penalty considering alternatives like court-ordered treatment, DUI education programs, or local community services. It is possible to escape jail time using one of these options in many situations. However, you will want the assistance of an experienced Boise DUI lawyer to investigate your choices and present them to the judge in the hopes of having your charges dropped.