DUI Penalties • First Offense • Misdemeanor

A driver convicted of a first DUI charge in Idaho can expect administrative actions on their record (license suspension) and also criminal penalties (fines and jail time). The first DUI is the last for many convicted drivers, so most of the criminal charges in court are first time offenses. (If you are looking for general information on DUI charges, go here.)

Here are some penalties allowed under Idaho law for DUI first offense convictions:

Criminal Penalties

Up to 6 months in jail.

Up to $1,000 in fines.

Mandatory 90 day (max 180 days) driver’s license suspension
The first 30 days of the suspension will be absolute (meaning no work privileges). During the remaining 60-120 days, you can petition the court for work privileges.  The court may also backdate your license suspension to the first day the department of transportation suspended your license.

Administrative Penalties

Mandatory alcohol evaluation.
DUI convictions are subject to different evaluation techniques, like rehabilitation, counseling and the Ignition Interlock Device (IID). If the IID is required, the driver will have to blow into a breathalyzer to start the ignition of the car. The installation and maintenance of the device is all at the driver’s expense. The IID is typically required after a second DUI.

Education based on evaluation recommendations.
DUI classes may be required after a conviction. A passing grade of 70% or better is required to pass. Once you complete the class the official “Certificate of Achievement” is usually shipped to you.

Mandatory Victim’s Panel.
Victim Impact Panels are frequently required to help change driving behavior in DUI offenders. The focus is to educate the driver to the realities and impacts of irresponsible driving to the victims and their families, the driver’s family and to the community. The panel is composed of crime victims sharing their personal stories of how their lives were changed forever by an impaired driver, while in a non-confrontational presentation style.

Maximum of 2 years of supervised (or unsupervised) probation.
The purpose of probation is to determine if you are capable of staying out of trouble. Also, to see if you will complete the things the court has ordered you to complete. In order to successfully complete probation, you will need to finish your jail sentence, pay your fine, complete your court-ordered treatment, and complete the Victim’s Panel. You also need to comply with all terms of probation, including the term not to commit new crimes. If you are placed on unsupervised probation then you will be expected to report all these things to the court. If you are placed on supervised probation you will have a probation officer assigned to you. You will be expected to remain in regular contact, and comply with the probation officer’s demands. You will also be required to pay a monthly fee to the probation officer.

Mandatory SR-22 high-risk insurance requirement.
For insurance companies, the SR-22 requirement is a “Red Flag”. This indicates the individual likely falls outside of the “Good Driver” discount incentives offered by auto insurance companies. The SR-22 doesn’t automatically make the insurance premium higher. However, the prerequisites for this requirement typically include factors that will lead to increased insurance costs. That depends heavily on the individual’s driving record. An SR-22 filing may be required to reinstate a driver’s license. This could take up to 3 years to be lifted from the driver’s record.

If you’ve been charged with a DUI first offense call an attorney immediately to begin preparing your defense.  At Atkinson Law Office we can help you.  Call us today.  208-571-0627