If you or your child have been charged with driving under the influence with a blood alcohol concentration of .02 but less than .08 in Idaho you need to contact an experienced Idaho DUI attorney to defend your case. In Idaho, if you are an adult of the age twenty one (21) or older it is considered driving under the influence if you are caught driving with a blood alcohol content of .08 or higher. In Idaho, DUI charges can be of the misdemeanor or felony variety. However, if you or your child are under the age of twenty one (21) it is considered driving under the influence if your blood alcohol content is .02 or greater, but less than .08. DUI/DWI of this sort are commonly referred to as “minor DUI” or “baby DUI” charges. Although the penalties are in many ways lesser than the penalties for a regular .08 BAC or higher DUI, a minor DUI is still a misdemeanor charge. As with any misdemeanor or felony the long term penalties can have lifelong effects on employment opportunities, educational opportunities civil rights and your reputation.
Idaho Penalties for Minor DUI
First Offense Under the Age of 21 DUI/DWI in Idaho
Any person having been found guilty or having plead guilty to a minor DUI will be required to obtain an alcohol evaluation prior to a sentencing hearing. The Idaho court will then require that the minor follow the recommendations of the alcohol evaluation. The evaluation may recommend anywhere for eight (8) hours of alcohol education up to in patient treatment for alcohol addiction treatment. In addition the Idaho court must suspend the person’s driver’s license for a period of one year. The first ninety (90) days of the driver’s license suspension must be absolute. In other words, the Idaho court cannot grant any driving privileges whatsoever. After ninety (90) days have passed, the Idaho court can and most of the time will grant restricted driving privileges for the remaining nine months of the suspension period. Examples of the restrictions would be that the person could drive to and from school, to and from work, could drive for work purposes while on the job and could drive to and from medical appointments. Finally, the Idaho court could impose a fine up to one thousand dollars ($1000.00). On a first time offense, the Judge is not allowed to impose any jail time.
Second Offense Under the Age of 21 DUI/DWI in Idaho within Five (5) Years
As one would expect, the penalties become stiffer each time an individual is found guilty or pleads guilty to the same or similar crime. The second time a person under the age of twenty one (21) is found guilty or pleads guilty to Driving Under the Influence with a blood alcohol concentration of .02 or greater, but less than .08 the penalties increase drastically. In this case, the Idaho judge must sentence the minor to a period of at least five (5) days of jail and could impose a jail sentence up to thirty (30) days. In addition, Idaho Law requires that the Judge impose a minimum fine of five hundred dollars ($500.00) and could impose a fine up to two thousand ($2000.00). Worst of all, the Idaho Court must suspend the person’s driver’s license for an absolute period of one year (1 year) and could suspend the driver’s license up to two years (2 years). In addition to the absolute driver’s license suspension, the person convicted for baby DUI second offense will be required to install an interlock in any motor vehicle they drive after the one year absolute drivers license suspension passes. An interlock device is a device that the driver must blow into to ensure there is no alcohol in their system before the motor vehicle will start. They are expensive devices and generally do nothing positive as far as automobile performance is concerned. As with a first time offense baby DUI, the court will require that anyone found guilty or pleading guilty of a second time offense undergo an alcohol evaluation and follow the recommendations of the evaluation. In all likelihood the court will also place the individual on some kind of probation for two (2) years. The probation could be supervised or unsupervised. As one may expect, supervised probation is expensive, intrusive and generally unpleasant.
Third or More Offenses of Under the Age of 21 DUI/DWI in Idaho within Five (5) Years
Anyone having plead guilty or having been found guilty of three or more offenses of driving under the influence while under the age of twenty-one (21) with a Blood Alcohol Concentration of less than .08 but .02 or greater is in for what they will remember as “unpleasant and unhappy times” . First the Judge must impose at least ten (10) days of jail and could send the Defendant to the county jail for up to six (6) months. Second, the judge must impose a fine of at least one-thousand ($1000.0) dollars and could impose a maximum fine of two-thousand ($2000.00) dollars. Again, the court will require that the minor equip their car with an interlock for the first year after the driver’s license suspension has passed, will require the Defendant to obtain an alcohol evaluation and follow the recommendations, impose probation of the supervised or unsupervised variety and require that the individual attend a victim’s panel. The person’s driver’s license must be suspended for one year or up until the person reaches the age of twenty-one, whichever is longer. That is a pretty serious penalty if someone is sixteen or seventeen years old.
Defenses to an Under the Age of 21 DUI
In Boise, Idaho it is essential that anyone charged with a “minor” DUI seek and obtain the assistance of a DUI Lawyer. As you can see, just because these offenses may be termed “Minor DUI” or “Baby DUI” there is nothing minor about the penalties and consequences of a conviction for this variety of DUI. An Idaho Defense attorney at Martens Law Office, P.C. will look at the facts of the case for ways to get the case dismissed, find a way to obtain an acquittal following a jury trial, reduce the charge to a lesser charge through plea agreements and assist you through the complex DUI process. Do not attempt to handle a minor DUI offense on your own. Years of experience and training are essential to properly work through DUI offenses.
Jared Martens takes a proactive approach to criminal defense. When he takes a case, he looks at the events leading to the alleged event, the arrest, the evidence, witnesses, and every other relevant detail. Whether the outcome eventually results from a negotiated plea or a jury trial, Mr. Martens prepares his cases as if he is going to trial. He knows that building his case from the ground up provides the strongest possible defense.
For a consultation with Martens Law Office, P.C., call 208-344-0994, or contact us online.
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