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Is Rehab an Alternative to Jail If I’m Convicted of DUI in Boise, Idaho?


Every DUI conviction can come with jail time. It could be as little as ten (10) days or as much as ten (10) years. Your sentence can be for even longer if there are special circumstances in your case. Idaho courts impose enhanced penalties for people who commit certain DUI offenses. Some of the offenses include:

  • You’ve been convicted of DUI three or more times in a ten (10) year period
  • You hurt or killed someone while driving drunk
  • You had a BAC of over .20 at the time of your arrest
  • You’re a commercial driver with multiple DUI convictions

Depending on your case, you could be facing months or years in jail. Your DUI attorney in Boise will do whatever he can to help you avoid any jail time.

The easiest way to avoid jail time is to not get arrested for DUI. By the time you’ve called your DUI defense lawyer, it’s too late for that! Your attorney’s goal will be to get your charges reduced or dismissed. However, that isn’t always possible.

How Will Your DUI Attorney in Boise Get Your Charges Reduced or Dismissed?

In a perfect world, your lawyer will be able to get your charged dismissed or at least reduced. He’ll review all the possible defenses and see if any apply to your case. Some of these defenses could be:

  • Illegal stop
  • Field sobriety test that was designed to fail
  • Inaccurate breathalyzer

If he’s successful, he can get your DUI reduced to a reckless driving charge. He may even get the entire case thrown out for lack of evidence. But, if he’s unable to do this, he’ll have no choice but to help when it comes to sentencing.

A lot of states have implemented programs that allow you to avoid what would otherwise be a jail term. Most DUI convictions carry some mandatory jail sentence. It may only be ten (10) days, but it can be as much as ten (10) years.

Any jail term can interrupt your life. It could even threaten your career and livelihood. Plus, nobody wants to go to jail if they don’t have to.

Your DUI Attorney in Boise Can Argue for Alternate Sentencing

If you are convicted of DUI, you’ll likely be facing jail time. Your lawyer can request that you be allowed to serve some alternate type of sentence. This could include rehabilitation, substance abuse classes, or some other device.

Some of the alternate sentencing options include:

  • Day Reporting: If you’re sentenced to 60 days or less, your lawyer can ask for day reporting. This means you community service work to meet your 60-day requirement.
  • Electronic Monitoring – If your sentence is longer than 60 days, you can ask for this option. It’s intended for low-risk offenders. It allows you to live and work like you normally did, but you’re under surveillance at all times.
  • Residential Drug and Alcohol Treatment – This is a very common sentencing alternative, especially now that the country is undergoing an opioid epidemic. If you successfully complete your treatment program, it will satisfy most or all of your sentence. Judges prefer this alternative because not only does it serve your time, but it gets you the help you need.

Your DUI Attorney in Boise May Argue for Rehab

Depending on the circumstances of your case, rehab may be an excellent alternative to jail. Residential treatment may help you beyond helping you avoid jail time. It can also help with your underlying addiction problems.

Some of the common drugs that result in a DUI include:

  • Marijuana
  • Heroin
  • Methamphetamine
  • Cocaine
  • Alcohol
  • Prescription drugs

If you complete your program, you’re showing the judge and the court that you’re serious about fixing your problem. Just understand, if you don’t finish, it shows the opposite. If you fail to complete your rehab as agreed, you will be facing the full jail sentence all over again.

Your DUI attorney in Boise will work hard to get this alternative approved. Don’t do yourself the disservice of not completing it.

Contact a DUI Attorney in Boise Right Away

You won’t have a lot of time to debate about getting a DUI attorney in Boise. Your first court date will be days or weeks from your arrest. You’ll want to give your lawyer some time to actually prepare your case.

Call today and schedule your initial consultation. An experienced DUI attorney in Boise can review your case. He can see what angles he may take to get the charges dismissed. He can also review to see if there are any alternatives to jail that he can request.