Tuesday, November 3, 2009

DUI Penalties - First Conviction

DUI: Penalties in Idaho

DUI: First Offense

If you plead guilty or are found guilty of a DUI and its your first offense in the last ten (10) years, you will be guilty of a misdemeanor.

  1. Jail sentence: Up to six (6) months.
  2. Fine: Up to one thousand dollars ($1,000.00).
  3. Impact on Driving Privileges: A court-imposed driver’s license suspension for 90 to 180 days.  The first thirty (30) day period you will have absolutely no driving privileges of any kind. After the thirty (30) day period of absolute suspension of driving privileges has passed, you will have your driving privileges suspended by the court for an additional period of at least sixty (60) days with up to one hundred fifty (150) days, during which you can request restricted driving privileges if necessary for employment, school, or family health needs.  Note: this suspension is separate from any administrative suspension before the Idaho Department of Transportation, so you could potentially have two Idaho driving privilege suspensions.
  4. Probation: The court will likely impose a period of probation, regardless of the type of sentence entered, for a minimum of six (6) months and up to one (1) year.  Depending on your prior record, BAC results, and likelihood to re-offend, probation could be unsupervised to the court or supervised by the Idaho Department of Probation and Parole.  All supervision costs are at your expense. The length and type of probation are at the judge's discretion.
  5. Commercial Driver's License: The provisions regarding disqualification of your commercial license apply, which results in a one year suspension of your commercial license. If your license is suspended, you cannot get a restricted driver's license for commercial purposes (I.C. 18-8005(15)).
  6. Alcohol Evaluation: You will be required to undergo an alcohol evaluation at your expense and will likely be ordered to comply with any recommendations for treatment issued by the alcohol evaluator.

If you have been cited with a second offense DUI in Pocatello, American Falls, Blackfoot, Preston, Soda Springs, Malad or Montpelier please contact Mark Petersen, a Pocatello Idaho DUI defense lawyer at Snake River Law PLLC. For other Idaho counties, contact an Idaho DUI Lawyer.