In Idaho, a second conviction for driving under the influence (DUI) is generally a misdemeanor. Convicted motorists face a fine, license suspension, and possible jail time. However, the circumstances of every case are different and can greatly affect the outcome. The following are possible outcomes and penalties resulting from a second-offense DUI in Idaho.
A DUI is considered a second offense in Idaho if the driver has one prior DUI conviction within the past ten years. Idaho’s DUI laws offset the minimum and maxim penalties for a DUI conviction, but it’s ultimately up to the judge to decide what the defendant’s sentence should be within these parameters.
Jail time. Generally, a second-offense DUI requires at least two days in jail, with a maximum of up to one year. However, if the driver had a blood alcohol content (BAC) of .20% or greater—and a conviction DUI conviction involving a BAC of at least .20% within the last five years—the conviction will be a felony and the jail sentence will be 30 days to five years.
Fines. A person who’s convicted of a second DUI may be required to pay a fine up to $2,000. If the driver’s BAC was .20% or greater (and the driver had a .20% BAC conviction within the past five years), this maximum fine increases to $5,000.
Treatment. All persons convicted of DUI must also obtain an alcohol and drug evaluation. Depending on the results and recommendations of the evaluation, the judge may order treatment, classes, or another requirement related to addressing substance abuse problems.
Generally, a second-time DUI will result in a one-year license suspension. Unlike with a first DUI, on second DUI conviction, the driver is not eligible for any type of restricted driving privileges. If the driver’s BAC was .20% or greater (and the driver had a .20% BAC conviction within the past five years), the suspension period is one to five years.
Idaho’s implied consent laws specify that all persons who drive in the state are deemed to have consented to BAC testing. Drivers who refuse testing will be subject to penalties. The second time a driver refuses to submit to a BAC test, his or her license will be suspended for two years.
After the suspension period, the driver will be required to have an ignition interlock device (IID) on all operated vehicles for one year.
If you’ve been arrested for driving under the influence in Idaho, you should get in touch with a qualified DUI lawyer. DUI law is complicated and the facts of very case are unique. An experienced DUI attorney can let you know how the law applies in your case and help you decide on the how best to handle your situation.