You have been found guilty or pled guilty to a misdemeanor DUI charge. The court has set the matter for a sentencing hearing. Now you want to know what possible penalties you face on a misdemeanor DUI charge in Idaho.
DUI cases are among the most severe charges you may face in Idaho and come with some pretty hefty penalties as a consequence. Among these possible penalties are jail, fines, court costs, restitution, substance abuse evaluation, victim’s panel, license suspension, and an interlock device.
The penalty that most defendants fear the most is the jail sentence. Of course having your freedom stripped, and sent to sit in a cold cell for months on end, is a terrifying prospect. However, in many misdemeanor DUI cases, this isn’t what occurs. If this is a first time DUI, and there are no
You will generally set up your community service through the Sheriff’s office. However, in some circumstances, the court will let you complete the community service on your own. You will be required to provide the proof by a specific date.
Sheriff’s Inmate Labor Detail (SILD)
Sometimes a defendant will not qualify for community service, due to risk factors or length of sentence. In those circumstances, they may still be eligible for the sheriff’s inmate labor detail, or SILD for short. SILD is a program where you spend an eight hour day picking up garbage on the highway or other similar activities. Each eight hour day counts as one day of jail.
In more severe DUI cases, the judge may sentence you to incarceration. Even in those cases though, there is still a chance that the judge may allow for work release. Work release means you can go to work. You must report back to the jail at the end of your workday. At least this way you do not lose your job and can continue making a living.
In rare circumstances, such as a severe medical condition, the court may order you to finish your jail as house arrest. House arrest is
Straight Time (in custody)
If you do not qualify for any of the above options, then you will have to serve your jail in custody.
Money makes the world go round. The courts will not usually let you go without paying some monetary penalty. The maximum court fine for a first time DUI is $1000, for an excessive or second DUI the maximum fine is $2000.
Fines are not the only monetary penalty. There are also court costs. Not to worry though, this isn’t going to be as much as the fines. Court costs
If there was any damage caused by you when driving under the influence, you might be required to pay restitution to any victim. Even if you were insured, and your insurance covered the damage to the victim’s vehicle, you may have to pay the insurance company back for the damage you caused. The court will allow you to pay this restitution in payments, but if you decide not to
Substance Abuse Evaluation
The court is required by statute to order an alcohol evaluation or a substance abuse evaluation. There are DUI evaluators that have been approved by the Idaho Supreme Court. You must go to an approved evaluator. The evaluator will recommend classes. You must comply with the evaluator’s recommendations and complete the courses during your period of probation. The number of hours you must
The court is required to order you to complete a ‘victim’s panel.’
The Court is also required to suspend your license as a penalty. The length and limits of the suspension vary depending on your charge and circumstances. A first time DUI suspension can be anywhere between 90-180 days. The
In DUI Second cases the court is required to order an interlock device as a penalty, and in DUI Excessive cases the court is permitted to
One penalty that is not imposed by the Court, but is a penalty imposed by the Department of Transportation, is the SR-22 requirement. SR-22 is a high-risk insurance policy. You must carry this policy if the court has convicted you of a DUI. If this is your first DUI, and you use a ‘Withheld Judgment
Craig Atkinson is the lead attorney at Atkinson Law Office,
Boise DUI and Criminal Attorneys. It is located at 1087 W River St #290, Boise, ID 83702. You can call him anytime at 208.571.0627.
Ask Craig to review your case.