In Idaho it is a misdemeanor crime to consume or possess alcoholic beverages of any kind if you are under the age of twenty-one (21). If you have been charged with a misdemeanor in Idaho for Minor Consumption of Alcohol, Minor in Possession of Alcohol or Illegal Consumption and Possession of Alcohol you should seek the advice and counsel of a Boise, aho Criminal Defense Attorney. At Martens Law Office, P.C. we represent individuals charged with Minor Consumption, Minor in Possession of Alcohol, Driving Under the Influence of Alcohol, Underage DUI, Public Intoxication, Open Container and other Drug and Alcohol related crimes.
Anyone convicted of minor in possession or consumption of alcohol in Idaho will find themselves facing some unpleasant consequences. For a first time offense, as an infraction, you will be fined $300.00. For a second time offense the Idaho Court could sentence you with a two thousand dollar fine and put you in jail for thirty days. For a third time offense the Judge could sentence you to sixty days in jail and up to a three thousand dollar fine.
It makes very little sense that your driver’s license would be suspended if you are caught drinking underage when no motor vehicle is involved, but in Idaho on a second or subsequent offense, the Judge must suspend your driver’s license. Interestingly, the statute does not mandate a minimum period, it just says that the Court must suspend your driver’s license for up to one year on a second offense, and up to two years on a third offense. That means that with proper legal counsel, the Judge could be convinced to suspend your driving privileges for one day and the Judge would have fulfilled the requirements of Idaho law.
Finally, the Judge could order that you obtain an alcohol evaluation prior to sentencing. Idaho law has left requiring an alcohol evaluation and alcohol treatment to the discretion of the court. In all likelihood, the judge will order a minimum of eight (8) hours of alcohol treatment prior to sentencing.
If you have been charged with Minor Consumption or Possession of Alcohol by a Minor, Open Container, Driving Under the Influence of Alcohol or any other Criminal Offense contact Martens Law Office, P.C. and speak with Jared B. Martens about your rights and options at (208) 344-0994.
Getting a DUI in Idaho means that you must complete the Idaho Criminal Case Process and defend yourself from allegations leveled against you by a member of law enforcement or the community. Most DUI’s start with an arrest, then an arraignment, a pretrial conference, and may end up in a trial.
Driving Under the Influence (DUI), Driving While Intoxicated (DWI) or other alcohol related cases are serious charges. You will need an Idaho Criminal Defense Lawyer who specializes in alcohol related crimes. Alcohol related crimes are especially damaging to your reputation, ability to find work, and family relationships. According to the Fourth Judicial District Court, the criminal case process starts when “an individual is accused of conduct that has potentially damaged society.” Most DUI cases are prosecuted as a misdemeanor but may have additional circumstances that could rise to the level of a felony. While misdemeanors may bring fines and imprisonment in the county jail, a felony conviction means you could be incarcerated in the state penitentiary, pay larger fines, parole and a devastating entry onto your criminal record.
The Misdemeanor Criminal Case Process
The Felony Criminal Case Process
The costs of a DUI in Idaho are: 1st Offense: $1,000 Maximum Fine, 2nd Offense: $2,000 Maximum Fine, 3rd Offense: $5,000 Maximum Fine. However, court costs, license re-instating your license, attorney’s fees, vehicle interlock systems and alcohol education will likely cost thousands more. The Following scenarios are a good rule of thumb in the State of Idaho.
Cost for First Conviction DUI
Total Estimate: $11,690 – $23,710
Cost for Second Conviction DUI
Total Estimate: $12,690 – $29,710
Cost for Third Conviction DUI
Total Estimate: $21,190 – $90,710
* This document is for reference only and is NOT an estimate for your expected fees and/or attorney’s fees.
The first and second conviction of a DUI are misdemeanors. Only the first excessive DUI is a misdemeanor. The third charge for a misdemeanor will be a felony if it’s within 10 years. The second excessive DUI will also be a felony.
A DUI conviction will go on your driving record and will stay. There is no way to expunge a charge from your record. The Idaho DMV will report the DUI conviction to your insurance company for three years. During the three year span your insurance rates will increase.
SR22 must be maintained for a period of three years. During this time your rates will surely go up. SR22 is required to reinstate driving privileges.
SR22, Safety Responsibility, car insurance is a type of car liability insurance required by the state if the driver is labeled as high-risk. High-risk drivers include those that have had their driven privileges suspended for DUI, reckless driving, driving without insurance, or have a high number of violations or unpaid tickets.
The Idaho Transportation Department uses a demerit system for regulating the habits of driver’s behind the wheel. The number of points placed on against a driver’s record depends on the infraction in question. The accumulation of too many points will result in license suspensions.
A DUI in Idaho does not have any points associated with it. However, there are other more severe consequences, which can include monetary repercussions. The first DUI offense for adult drivers will include a 90 to 180 day license suspension, up to six months in jail, and fines up to $1,000. Subsequent DUI charges result in larger fines, longer suspensions, and other consequences.
What are the penalties for Excessive DUI in Idaho?
The penalties for excessive DUI include:
The maximum fine you can receive for excessive DUI conviction is $2,000 for a first time offense and up to $5,000 for a second. This does not include other fines or fees like attorney fees, bail, or court costs.
A minimum of 10 days jail time, but the state can impose a sentence of up to a year in jail for the first offensive. The first 48 hours of jail time will be consecutive regardless of sentence lenghth. Jail time increases to a 30 day mandatory sentence with a maximum of 5 years in the state penitentiary.
A first offense excessive DUI will have a 1 year mandatory license suspension after release from confinement without driving priveleges of any kind. A second offense increases the license suspension to a maximum of five years.
If charged, you will undergo alcohol evaluation. Counseling, alcohol education, and rehabilition are possibilities.
Ignition Interlock Device
You will be required to install an ignition interlock device in your vehicle once driving priveleges have been restored.
The penalties for first time excessive DUI include a minimum of 10 days of jail, maximum fines of $2,000, mandatory alcohol evaluation, alcohol education, mandatory victim’s panel, 1 year driver’s license suspension, and SR-22 high risk insurance.
If a driver is charged with DUI and has a prior conviction within the last 10 years, that driver will be charged with a second DUI. It is up to the judge to determine a defendant’s sentence.
The second DUI conviction requires at least two days in jail, but can be up to one year. Fines can be up to $2,000. It is still considered a misdemeanor.
What About Two Excessive DUI Convictions?
If the driver faces an excessive DUI charge and has a previous conviction of excessive DUI within 5 years it becomes a felony violation. The driver will face a mandatory 30 days in county jail, or up to five years in the state penitentiary. Fines increase to $5,000, and driver’s license suspension lasts for 5 years with one year mandatory no driving privileges upon release and the installation of an ignition interlock device.
In Idaho it is illegal to drive with a BAC (blood alcohol content) of 0.08% or more or 0.02% if the driver is under the age of 21.
It is important to note the best way to avoid a DUI is to not drive if you have drank any alcohol. Use a designated driver, taxi, or make other arrangements before you go out drinking.
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