Felony DUI
As a Boise DUI Lawyer, I see a lot of drunk driving cases. Often these cases are what a criminal defense attorney might call routine. Although DUI is not routine or run of the mill, misdemeanor driving under the influence follows a typical pattern. This is not the case with Felony DUI.
Most often a person will end up with misdemeanor DUI and they will learn their lesson. They know that they must be on guard and not drive under the influence of alcohol again, or else. This isn't necessarily the case with felony DUI. It is not the case that they just won't learn their lesson, it is more likely the case that there is an underlying situation causing a problem which is manifesting itself in reckless behavior.
Repeat DUI
When a person gets three or more DUI charges within 10 years it is a felony. The lasted news about the 52 year old Boise resident who has received 6 DUI charges since 1994 is an example of a situation out of hand.
How does the court deal with offenders such as this? To prevent recidivism (repeated criminal offenses), the law creates a graduated fine, jail time and suspended driving privileges deterrent. Often, in first time offenses or even second time, the full extent of available sentence won't be imposed. It is often "suspended" or a maximum fine is not imposed. The more time a person commits a crime, especially the same type, the more likely they will be to get the full force of the sentence as well as anything that has been suspended previously if they are still on probation.
Jail, Fine and DUI
Does the graduated method of penalty deter repeated crime? When there is an underlying problem that is causing the repeated DUI, jail time, fines and license suspension cannot possibly prevent further problems. The underlying issue must be resolved. The law does provide for optional Drug or Mental Health Court, but these are not automatic and you do not have a "right" to be admitted into these. Perhaps a more involved prevention would help. If a second time DUI sentence carried with it the mandatory requirement for a drug or mental health counseling, perhaps it would go a long way in preventing felony DUI by addressing the underlying problem before it results in recidivism.
If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise DUI Attorney, please give us a call, 208-472-2383, and see what we can do for you.
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