Third Offense DUI in Idaho

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A third DUI in Idaho is a felony, but it must occur within 5 years of the last offense to be considered one. Not surprisingly, the penalties are quite severe. Contact a lawyer immediately to get started on your defense.

Criminal Penalties

The minimum jail time for a third offense DUI is 30 days, though you could face up to 5 years in jail. In addition, you will have to endure supervised probation for an amount of time specified by the judge. It usually ranges from 3 to 5 years.

You can expect to pay up to $5000 in fines for your third DUI in Idaho.

Administrative Penalties

You will have your license suspended for at least 1 year when you get a DUI for the third time in Idaho. The maximum length of license suspension is 5 years, so it is important to have an attorney fighting on your side to reduce these penalties. The suspension starts when you are released from your jail sentence.

To get your license reinstated, you will need to show evidence of an SR22 insurance policy, as your current car insurance provider will likely drop your coverage. You will also need to pay a $35 fee to get your license reinstated. Note that before you get your license back, you will have to pay to install an ignition interlock device in your vehicle, which of course can only occur after the mandatory year of suspension. This will need to be used for the first year that you are driving again, and its point is to prevent the car from starting if your blood alcohol content is .02 or higher.

Additionally, you may need to complete alcohol treatment, as well as an evaluation, to ensure that you understand the reasons that drinking and driving is wrong. You will need to pay for this penalty out-of-pocket before you get your driver's license back.

Consult a Lawyer Immediately

In this state, you have 7 days after your arrest to request a DMV administrative hearing to keep your license from being suspended. This means that you should contact a lawyer immediately to have a chance of reducing your penalties, especially since the request must be in writing.

Idaho allows you to plea bargain your DUI case down to a lesser charge, such as wet or dry reckless driving, both of which carry milder punishments than a third DUI. Talk to a lawyer about your plea options if you wish to do anything other than plead guilty to this felony.


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