Thursday, October 16, 2014

DUI in Idaho; What You Need to Know

Different Types of DUI in Idaho

As a Boise Criminal Attorney I frequently answer DUI questions.  One very popular question revolves around the different types of DUI and what they means as far as severity and penalty.  The severity of the charge and the penalty depends upon three main things: 1.  How many times have you gotten a DUI?, 2.  How much alcohol did you have in your system? 3. What were the circumstances surrounding your DUI?

When Does a  DUI become a Felony or How Serious is the Charge?
A standard DUI is a misdemeanor.  There are three situations, however, when drinking and driving becomes a felony.  If you receive 3 DUI's within 10 years, the third time will result in a felony charge.  An Aggravated is a felony and a second time excessive charge is also a felony.

The first is as simple as it sounds.  If you are charged with a DUI three times within 10 years, the third charge is a felony.  So what about the other two?  An aggravated DUI means that you caused serious bodily harm, disfigurement or death to another as a result of driving under the influence of alcohol.  It doesn't matter if you have never had a DUI before, if you hurt someone you will be charged with a felony.  An excessive DUI is when you have a blood alcohol content greater than a .20.  If you have at least one other DUI, and you are arrested with a BAC of .20 or greater, you will be charged with a felony.

Blood Alcohol Content

There are a few situations where blood alcohol content can effect the charge against you.  Obviously, the legal limit for alcohol in your system is .08.  This can be different depending upon different situations.  If you are a minor, an alcohol concentration of .02 will get you a DUI.  If you drive a commercial vehicle and are pulled over on suspicion of driving while intoxicated, an alcohol concentration of .04 will result in a DUI.

Circumstances Surrounding the DUI

As noted above there are certain circumstances which can effect the severity and the penalty for a DUI charge.  An aggravated DUI is caused by circumstances surrounding the DUI.  Those circumstances is the driver causing great bodily harm, death or disfigurement to an individual other than him or her self.  Also noted above are situations where the driver is a minor or a driver of a commercial vehicle.

An import circumstance to be noted, however, which is often overlooked is felony injury to a child. If you have a child in your vehicle and you are charged with driving under the influence you will also be charged with felony injury to a child even if the underlying DUI is a basic misdemeanor charge.

DUI is never a fun thing but there are situations that can make the charge worse.  Make sure you know what your risks are before you choose to drive.  If you have been charged with a DUI and you need a Boise DUI Lawyer, give us a call and see what we can do for you, 208-472-2383.

We also offer representation for family and divorce law.  Call today for your free consultation.


  1. An import circumstance to be noted, nevertheless, which is commonly missed is felony harm to a baby. If in case you have a baby in your car and you're charged with driving below the affect you will also be charged with felony injury to a baby even if the underlying DUI is a basic misdemeanor cost.

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