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How is an Aggravated DUI in Idaho Different from a Regular DUI?


Being arrested and charged for DUI in Boise, Idaho is a serious matter. You’ll be facing significant fines and a suspension of your driver’s license. But you’re also going to be facing potential jail time. It depends on the circumstances surrounding your case. It also depends on how many prior DUI convictions you have. For example, someone with their third or fourth DUI is going to have a greater chance of receiving a jail sentence than someone convicted of their first DUI.

The sort of penalties you’ll be facing also depends on the facts of your case. For example, someone with a blood alcohol concentration (BAC) of .09 will be charged with an ordinary DUI. If your BAC is higher than .20, you’ll be charged with something called excessive DUI. And, if you get into an accident while driving under the influence, you could be charged with an aggravated DUI. This charge carries the most serious penalties of all driving under the influence offenses.

If you’ve been charged with any sort of DUI offense, you’re going to need a skilled DUI defense lawyer in Boise, Idaho. A DUI conviction will follow you for the rest of your life. You need to do everything in your power to fight the charges and try to get the charges reduced or dismissed.

What Is an Aggravated DUI in Idaho?

Generally speaking, if you get pulled over and blow a BAC of .08 or higher, you’re going to be arrested and charged with DUI. You can even be charged with DUI if your BAC is lower than .08. If the police officer thinks you’re impaired to the point where you can’t drive safely, you can be arrested. It doesn’t matter if you blow a zero. Of course, in cases such as this, it can be a lot harder for the prosecutor to prove you were under the influence at all.

Some people drink so much that their BAC is much higher than .08. For example, if someone is drinking hard liquor and shots all night, their BAC could be much higher than .20. The scary thing about this is that a BAC this high means that alcohol has taken over 20% of your bloodstream. There’s no way anyone can safely operate a car at such a high level. That’s why Idaho treats these cases so harshly.

If your BAC is over .20, you’ll be charged with what’s called an excessive DUI. The penalties for this offense are much more severe than they are for a regular DUI (with a BAC over .08 but below .20). And, regardless of your BAC level, if you get into an accident while driving under the influence, you’ll be charged with an aggravated DUI. This means that someone ended up with great bodily injury or will be permanently disabled or disfigured because of the accident.

What are the Penalties for an Excessive or Aggravated DUI in Boise, Idaho?

If you’ve convicted of an excessive DUI, you’ll face pretty stiff penalties. Under Idaho Code 18-8004c, the following penalties apply to a convicted of an excessive DUI:

  • 1st Offense: If convicted of your first offense, you’ll be facing the following:
    • 10 days to 1 year in jail. 48 hours of this time must be served consecutively.
    • $2,000 in fines
    • License suspension for one (1) year
  • 2nd Offense: This will be considered a felony and carries the following punishment:
    • 5 years in jail (you must serve a mandatory minimum of thirty (30) days)
    • 1-5-year suspension of your driver’s license

If you get into an accident while driving under the influence, you could be charged with an aggravated DUI. This will be the case if any of the following factors apply:

  • The accident can be serious or minor – it’s not the crash that matters. It’s the nature of the injuries caused by the injuries
  • If the people involved in the crash (in your own vehicle or the vehicle of a third-party) are injured, you’ll be charged with aggravated DUI in the following situations:
    • the victims suffer serious bodily injury or harm
    • They are left permanently disabled as a result of the accident
    • They are permanently disfigured because of the crash

The penalties for aggravated DUI in Boise involve a maximum prison sentence of fifteen (15) years. You’ll also have to pay $5,000 in fines. And, you must surrender your driver’s license. It could be suspended for a period of one (1) year to five (5) years.

If you’re charged with any sort of DUI in Idaho, you should call our office right away and schedule your initial consultation.