Second Offense DUI in Idaho

In Idaho, in addition to criminal penalties, a person arrested for DUI will have to face administrative penalties. These administrative penalties are independent of the court proceedings. When a person is arrested for DUI, the arresting officer will seize the suspect's driver’s license. The officer may issue a temporary driving permit. The person has seven days from the date of the DUI arrest to request a hearing against the suspension of driving privileges. During the hearing, if the person fails to convince the Idaho Transportation Department Hearing Officer that he is innocent of the charges, his license will be suspended for one year. The person will not be entitled to any driving privileges during the period of suspension. 

Criminal Penalties

Idaho has taken a tough stance against DUI. It has severe penalties for DUI offenders. A second DUI offense within a five-year period will result in enhanced penalties. A person convicted of a second offense DUI in Idaho can be ordered to pay a hefty fine of up to $2,000 and a mandatory minimum jail term of 10 days to one year. The judge may permit the offender to serve this term in a work detail program.

Look Back Period

In Idaho, the look back period for DUI offenses is five years. So if a prior DUI conviction was more than five years ago, it will not be counted as the second offense, but as a first DUI offense.

Felony v. Misdemeanor

In all states across the U.S., a first offense DUI is a misdemeanor offense. However, the law on second offense DUI varies from state to state. In Idaho, a second offense DUI is a misdemeanor unless accompanied by aggravating factors such as severe bodily injury or death.

Plea Options

DUI is a serious criminal offense in Idaho. A person charged with a second offense DUI in Idaho has two plea options: guilty or not guilty. Pleading guilty will generally result in a conviction unless there is absolutely no evidence against the defendant. A not guilty plea will result in a trial. An individual charged with DUI can enter into a plea bargain and plead guilty to a lesser offense of reckless driving involving alcohol; however, in a second DUI offense, a plea bargain will generally not be accepted.

Get Legal Advice

If you have been charged with a second offense DUI in Idaho, consult with an experienced Idaho DUI attorney.