Receiving a Felony DUI charge in Idaho can be devastating to your life, freedom, and family. You obtained two prior DUI convictions, or one prior excessive DUI conviction and now a second excessive DUI charge, but a felony charge is a whole new ball game. You will be in a different court, and different possible penalties will apply.
(If you are looking for general information on DUI charges, go here.)
If you have been charged with a Felony DUI, the following are the maximum and minimum possible penalties:
1. Maximum of 10 years of prison, in the custody of the Idaho State Board of Correction.
2. Minimum of 30 days of jail, the first 48 hours must be consecutive, and 10 of the 30 days must be served in the jail (as opposed to community service, work release, or sheriff’s inmate labor detail which are outside the jail).
3. Maximum $5,000 fine.
4. 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.
5. Mandatory alcohol education based on evaluation’s 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.
6. 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 in a non-confrontational presentation style.
7. 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.
8. 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 and requires the driver breathe into the device prior to starting the vehicle. If the ignition interlock device detects the driver’s blood alcohol concentration is above the programmed limit, the engine will not start.
9. 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 have been charged with a Felony Driving Under the Influence of Alcohol charge in Idaho, it is imperative that you contact a Lawyer immediately. Call our office today. 208-571-0627