When you get pulled over for drinking and driving in Boise, there are four scenarios in which it could be a felony. Most are for repeat convictions. A drunk driving felony is of the following four types, with applicable sentences noted:
- When a person is convicted of Excessive DUI (in which the BAC of the driver is 0.20 or above) a second time within 5 years – In this case, there is a 1 to 5 year license suspension; up to a $5000 fine; and up to 5 years in prison, with a mandatory minimum of 30 days.
- When a person is convicted of a standard DUI a third time within 10 years – In this case, there is again a 1 to 5 year license suspension, maximum $5000 fine, and mandatory-minimum 30 days. However, prison time is up to 10 years.
- When a person is convicted of DUI a fourth time within 15 years – The sentencing parameters match that for the third conviction.
- When a person is convicted of Aggravated DUI (in which the driver severely injures another person) – A single conviction of this type of DUI matches the sentencing guidelines for the above felony DUI types for mandatory minimum, fine, and driving suspension. However, prison time can be up to 15 years.