The Arraign You Face If Convicted Of Idaho Dui

  • June 2020
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The Arraign You Face If Convicted Of Idaho DUI

Most States have noticed a decrease in the number of drunk driving fatalities over the last several years. In Idaho, however, it has actually increased. In 2005, there were 89 drunk driving fatalities (32% of all the fatalities), and that number increased in 2006 (the last year statistics are available) to 102 drunk driving fatalities (38% of all the fatalities). This increase may be why the State of Idaho adopted Senate Bill 1153 in 2009. One aspect of the bill provides that some offenders who are enrolled in drug court for an Idaho DUI can be eligible for restricted driving privileges. This may be due to the fact that recent research has shown that a combination of license suspension and interventions like education and counseling are among the most effective means for reducding a re-arrest for DUI. Another aspect of Senate Bill 1153 revised the penalties for driving under the influence (DUI) of alcohol, drugs, or other intoxicating substances. Like the rest of the nation, it is illegal to drive in Idaho with a blood alcohol concentration (BAC) level of .08%. If you are under the age of 21, it is illegal to have a BAC of .02% or higher; if you are a commercial driver, a BAC of .04% or higher is illegal. Although the basic State statute delineates the range of possible dui sentences, they can be modified for things like having a prior conviction within the last seven years, speeding 20 miles per hour over the posted limit, having a child under the age of 14 in the car, having a BAC of .20% or higher, and/or refusal to submit to sobriety testing. Idaho, like many other States, has an implied consent law. This means that if you are driving in Idaho, you automatically give your consent to be tested for your BAC level if the arresting officer has a reasonable opinion that your driving is impaired. If you refuse a test of your blood, breath or urine, you will be fined $250, the arresting officer will immediately seize your driver's license and issue you a temporary license that will be valid until the date of your hearing, or for 30 days. If you hire a drunk driving lawyer, the burden of defense will be to prove you were not impaired at the time of the arrest. If proven guilty, your license will be revoked for one year if it's your first refusal, and two years if the second refusal is within ten years of the first. If, however, the court finds that the officer did not have a legal cause for the dui stop, your license will not be revoked. Your first DUI in Idaho is a misdemeanor and brings a jail sentence of up to six months, a fine of up to $1,000, driver's license suspension from 90 to 180 days (with the possibility of a restricted license after 30 days), and the possible enrollment in an alcohol evaluation and treatment program. Your second DUI brings mandatory jail time of a minimum of ten days and up to one year. This jail term may assign you to a work detail with the County Sheriff. The second offense also brings a fine up to $2,000, a mandatory license suspension of at least one year after your

release from jail, with the subsequent installation (at your expense) of an ignition interlock device (IID), and the possible enrollment in an alcohol evaluation and treatment program. If you are convicted of a third Idaho DUI, you become a convicted felon. It is possible you could be sentenced to the state penitentiary for no more than ten years. Your jail sentence ranges from a minimum of 30 days up to five years, you will be fined up to $5,000, your license will be suspended for at least one year and up to five years, the installation of an IID (again, at your expense), and the possible enrollment in an alcohol evaluation and treatment program. For more information please click link below: drunk driving attorney

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