Boise  Felony DUI Lawyer

In Idaho, an Aggravated DUI occurs when there is a DUI involving an accident that causes "Great Bodily Harm," "Permanent Disability," or "Permanent Disfigurement" to another person besides the driver. The person injured can even be a passenger in the car that the person under the influence was driving. Regardless of the number of prior DUIs, if even a first DUI causes a broken bone to another person, a charge of Aggravated DUI, which is a felony in Idaho, may be pursued city.

Aggravated DUIs in Idaho carry enhanced penalties due to the severity of the associated harm. These cases are often prosecuted vigorously given the broader implications for public safety and involve potential restitution payments to the injured parties. A felony conviction for Aggravated DUI could lead to difficulties in securing employment, obtaining housing, or retaining professional certifications. Comprehensive legal representation is essential in these instances as our attorneys work to ensure clients understand all facets and potential consequences while exploring ways to mitigate these severe penalties and long-term implications on your life.

What Are the Penalties for Aggravated DUI in Idaho?

The penalties for an aggravated DUI include a maximum prison sentence of 15 years, a fine of up to $5,000, and suspension of driving privileges for up to five years. Additionally, you might be required to pay for any damages caused to the injured party.

Further penalties might involve mandatory participation in substance abuse programs, prolonged probation periods, and stricter terms of release. Convicted individuals may also face ongoing legal restrictions, such as no-contact orders, complicating personal and professional relationships further. Addressing the gravity of such charges head-on with legal support can help alleviate some of these burdens and illuminate potential legal paths available for seeking reduced charges or alternative sentencing.

What Is an Excessive DUI in Idaho?

A DUI might be classified as "Excessive" based on the actual BAC level recorded at the time of the arrest. If the DUI suspect takes a test showing a BAC level of 0.20 or higher, a first offense becomes an excessive DUI, which carries more severe penalties. They will now face a maximum of one year in jail and a fine of $2,000. Their license will be suspended for one year, rather than 180 days, and they will be required to install an ignition interlock device for the entire year following the license suspension.

The concept of an Excessive DUI underscores the seriousness with which Idaho law views high-level intoxication and the associated risks. Penalties are intentionally severe to deter such offenses and emphasize the high stakes of dangerous driving behavior. Legal assistance plays a pivotal role in potentially navigating away from the most severe outcomes by possibly advocating for charge reductions through plea bargains or showcasing mitigating circumstances unique to your case.

Defenses Against Excessive DUI

When charged with an Excessive DUI, it is possible to reduce the charge to a Standard 1st offense or have the charge dismissed altogether. Hiring a drunk driving attorney to defend your interests significantly increases your chances. The lawyers at Hooper Law Office have extensive knowledge of Idaho laws and the science behind charging suspects with DUIs. With this knowledge, our firm has succeeded in the dismissal or reduction of sentences in Excessive DUI cases.

Typical defense strategies might involve contesting the validity of the breathalyzer test, questioning the proper maintenance and calibration of devices used, or challenging the officer's observations related to field sobriety tests. Alternative arguments could involve demonstrating procedural errors or constitutional rights violations during the arrest. Our team is adept at dissecting each case to uncover weaknesses in the prosecution's evidence.

Driving Under the Influence of Drugs

DUI charges are not limited to those found guilty of driving while intoxicated with alcohol. Idaho laws are equally tough on those found guilty of driving under the influence of drugs (DUID). Known as drug driving, such charges can result from using controlled and illegal substances, such as marijuana, and the misuse of perfectly legal prescription or medication drugs.

Some mistakenly believe they cannot be arrested for using prescription medication while driving. However, this is a mistake. Alcohol is just as legal as other prescription drugs. Being arrested for using them while behind the wheel can result in criminal charges. Call a Boise DUI attorney at Aaron Hooper, Attorney at Law, today.

Defense Against Drugged Driving Charges

Unlike alcohol-related DUIs, determining whether the driver is under the influence of other drugs is more complex. While a breath test suffices for estimating BAC levels, there’s no simple roadside test for other drugs. Cases involving other drugs rely on different tests.

In some cases, evidence rests on the police officer's testimony. Keep in mind that the law defines a DUI as when the driver is impaired — seen through weaving, stumbling, or erratic driving.

Corroborated by field sobriety tests, which are notoriously unreliable and usually subjective to the officer's opinion, many DUI and drug cases must rely on urine and blood tests. These are typically viewed as accurate ways to determine how much of a drug was in the defendant’s blood at the time of arrest. However, they can also be inaccurate, resulting in faulty readings.

For instance, urine tests can determine if marijuana was used, but not when. They may detect previously used drugs, without proving impairment at the arrest time.