Driving a car while influenced by alcohol (blood alcohol concentration of 0.08 or above) or another intoxicant is illegal in Idaho. There are two types of driving under the influence (DUI) conviction beyond the standard variety (see Idaho Statutes Sections 18-8004 and 18-8005). One is Excessive DUI; the other is Aggravated DUI. Aggravated DUI is always a felony.
In the case of Aggravated DUI, the key additional element is that a person is hurt. As described in the law, DUI is considered Aggravated whenever there is “great bodily harm permanent disability, or permanent disfigurement” to another party.
Sentencing for Aggravated DUI
The sentencing guidelines for a conviction are as follows:
- Imprisonment of 30 days (mandatory minimum) to 15 years;
- Fine up to $5000; and
- Suspension of driving privileges for 1 year (mandatory minimum) to 5 years.
Beyond those core sentencing concerns, the driver will need to hand over their driver license to the court if they are convicted.
Can an Aggravated DUI be Reduced?
Any criminal charge can technically be reduced if a prosecutor is willing to do it. In practice, it is rare for a prosecutor to reduce a Felony DUI to some lesser charge like a misdemeanor DUI. This is especially true with an aggravated DUI where there is a victim involved that was injured.
Requirement for Restitution
Any victims of crimes must be paid restitution (see Idaho Statutes Section 19-5304). Restitution means victims must be paid back for any losses that occur due to a crime by the person(s) believed responsible. The person or persons who are injured in your Aggravated DUI have a right to be compensated for any losses they experience. Notably, payment of criminal (as opposed to civil) restitution is only for tangible losses, not intangible ones such as emotional distress. Economic loss includes (among other things) “the value of property taken, destroyed, broken, or otherwise harmed, lost wages, and direct out-of-pocket losses or expenses, such as medical expenses.”
Potential for Civil Lawsuits
Additionally, DUI can always lead to a civil lawsuit; civil actions are especially common in the case of Aggravated DUI, since a victim is involved. If you are convicted of an Aggravated DUI, it could then impact the civil trial since it would be admissible.
License Suspension for a DUI in Idaho.