DUI penalties • Second Offense • Misdemeanor

Have you been charged with a DUI in Idaho for the second time in 10 years? The maximum and minimum penalties are enhanced when you get charged with a second offense DUI. The DUI is still a misdemeanor (as long as this isn’t your second excessive DUI), but as a result you face stiffer penalties.

(If you are looking for general information on DUI charges, go here.)

If you are convicted of a DUI in Idaho for the second time, the maximum and minimum penalties are as follows:

1. Maximum of 365 days of jail, Minimum of 10 days of jail; the first 48 hours must be consecutive, and 5 of the 10 days must be served in the jail (rather than community service, work release, or sheriff’s inmate labor detail which are outside the jail).

2. Maximum fine of $2,000.

3. 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.

4. Mandatory alcohol education based on the 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.

5. 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.

6. Mandatory 1 year driver’s license suspension; the entire suspension will be absolute (meaning no work privileges whatsoever)
The court also has discretion to backdate your license suspension to the first day the department of transportation suspended your license.

7. After your mandatory 1 year license suspension your vehicle must be equipped with a functioning ignition interlock system if you wish to drive it.
An ignition interlock device (IID) is connected to the vehicle dashboard or other location inside the vehicle. This requires the driver breathe into the device prior to starting the vehicle. As a result, if the ignition interlock device detects the driver’s blood alcohol concentration is above the programmed limit, the engine will not start.

8. Mandatory SR-22 high risk insurance requirement.
For insurance companies, the SR-22 requirement is a “Red Flag”, indicating the individual with this requirement 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, but 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, and could take up to 3 years to be lifted from the driver’s record.

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