Excessive DUI Penalties • First Offense • Misdemeanor

When you are arrested for a DUI and your BAC level is .20 or higher in Idaho, you will be charged with an Excessive DUI rather than a typical First Offense DUI. If you get two excessive DUI charges within 10 years, the second excessive DUI charge will be charged as a felony (see here).

It is illegal to drive with a blood alcohol concentration (BAC) of .08% or more in every state. We all metabolize alcohol at different rates with a lot of factors affecting our BAC level, so there is no way to know or anticipate how many drinks it will take to reach or surpass the limit.

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

The maximum and minimum penalties for a First Offense Excessive DUI in Idaho are as follows:

1. Minimum of 10 days of jail, the first 48 hours must be consecutive. Maximum of one year in 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 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.

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 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. 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 excessive 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