Thursday, November 5, 2009

Idaho DUI Penalties: Second Offense

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

1. Jail sentence: Mandatory minimum period of not less than ten (10) days the first forty‑eight (48) hours of which must be consecutive, and five (5) days of which must be served in jail. The other five days, at the discretion of the judge, may be served on the Sheriff Inmate Labor Detail. The maximum jail sentence is up to one (1) year.

2. Fine: Up to two thousand dollars ($2,000.00).

3. Impact on Driving Privileges: Mandatory minimum period of one (1) year after release from confinement with absolutely no driving privileges of any kind. 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. Ignition Interlock System: You will be required to drive only a motor vehicle equipped with a functioning ignition interlock system, following the one (1) year mandatory license suspension period during your period of probation.

5. Probation: The court will likely impose a period of probation, regardless of the type of sentence entered, for a minimum of one (1) year. All supervision costs are at your expense.

6. The provisions regarding disqualification of your commercial license apply, which results in a one year suspension of your commercial license.

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.