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When Is DUI a Felony Offense in Idaho?


Can a DUI in Idaho be a felony offense? According to Idaho laws, driving under the influence (DUI) of either drugs or alcohol is a crime. The severity of the crime, though, depends on several factors. The preceding covers the number of offenses and whether or not an accident occurred.

When the law considers these factors, it determines whether a DUI is a misdemeanor or felony offense. Most drivers assume getting arrested for a DUI is a minor offense. But if there are aggravating factors, you could face a felony charge.

Having a Boise DUI lawyer by your side would help you deal with the problem. At Trilogy Law group, our DUI attorneys will explain when your offense is a misdemeanor or felony. But first, here are a few instances when a DUI is a felony offense in Idaho.

Second DUI Offense With a BAC at or Above o.20%

Ordinarily, a second DUI offense in Idaho is a misdemeanor. A DUI is a second offense if you get arrested and charged within ten years of the first DUI. If your blood alcohol content (BAC) is under 0.20%, you’ll face a fine of up to $1,000. You’ll also face a mandatory jail time of 10 days and a license suspension for a minimum of one year.

Conversely, if your BAC is above 0.20%, the second DUI becomes a felony. The preceding would also be the case if your first DUI offense was also above 0.20% and occurred within five years.

When charged with a felony, the penalty is a fine of up to $5,000. The punishment also includes at least 30 days in jail with a maximum of up to 5 years in prison. Additionally, you will have to install an ignition interlock device in your vehicle for at least a year. Your driver’s license would be suspended for one to five years.

Third and Subsequent DUI Offenses 

All third and subsequent DUI offenses in Idaho are felony crimes, and the penalties are stiffer with each violation. For a third DUI charge, you face a prison sentence of up to ten years. Even if you did not get a prison sentence, you must spend at least 30 years in county jail.

The law might also require you to pay fines of up to $5,000. You would also get an ignition interlock device and license suspension for the same period as a second-time felony offender. Our DUI lawyers in Boise can explain this further.

Aggravated DUI 

A simple DUI offense can become aggravated if an accident happens that causes severe bodily harm or injury. An aggravated DUI is a felony, regardless of whether your BAC was exceptionally high, or it was a first offense or subsequent offense. Unlike second DUI and third and subsequent DUI, the penalty for this felony is quite severe.

If found guilty of aggravated DUI, you face up to 15 years in prison. Even if you don’t get that number of years, you must spend at least 30 days in county jail. The first 48 hours must be consecutive.

The law stipulates that you pay fines up to $5,000 and have your driver’s license suspended for one to five years. You will also install an ignition interlock device on your vehicle. Note that the punishment for aggravated DUI depends on the severity of the injuries suffered. A Boise DUI attorney can plead your case and help mitigate the sentence.

What Is the Implication of a Felony DUI Conviction? 

If charged and convicted for felony DUI offense, it will end up on your criminal record. By implication, it would be visible to anyone who carries out a background check on you. The preceding includes potential employers, landlords, and any other person interested in seeing if you’re a law-abiding citizen.

Most employers will not hire someone with a criminal record, especially trucking companies. A DUI criminal record makes you a liability and a risk, thereby reducing your employment opportunities. The only way to avoid the stigmatization that comes with this is to keep your record clean.

Were You Arrested For a DUI? Contact Boise DUI Lawyers Today!

Our years as DUI attorneys in Boise showed us that most people charged with DUI are guilty of the offense. Our experience has also shown us that there are times when suspects are wrongly accused. Whatever the situation, we at Trilogy Law Group are here to represent you. We will provide you with the best legal counsel and give you the best options available. Don’t delay in getting legal representation; contact us today for a free case review.