Aggravated DUI

Aggravated DUI Defense in Nampa

Causation-Focused Defense for a Serious Felony Charge

An aggravated DUI allegation requires a defense that addresses more than impairment. The prosecution must also establish a causal connection between the accused person’s driving and another person’s qualifying injury. At Atkinson Law Office, we examine both issues when defending people charged in Nampa.

We’ve represented local clients since 2010 and handled more than 1,000 criminal cases. Our firm is led by a board-certified criminal law specialist and reports a success rate above 90 percent across our past cases. These results aren’t a promise about any future case, but they reflect substantial experience with serious criminal allegations.

Call (208) 670-8164 for a free consultation with an aggravated DUI attorney serving Nampa. An early consultation gives us more time to examine the allegations and available evidence.

Challenging Causation in an Aggravated DUI Case

The State must prove that the accused person’s impaired driving caused the injury. Idaho appellate decisions require a causal connection between the driving and the injury, but the State doesn’t necessarily have to prove negligence or show that the accused person bore more than 50 percent of the responsibility for the collision.

That distinction makes a detailed collision investigation critical. We work with accident reconstruction experts to evaluate whether road conditions or another driver’s actions caused the crash. This technical analysis considers physical evidence, vehicle movement, roadway factors, and other information about how the collision occurred.

Our review may address several distinct parts of the State’s case:

Impairment: Whether chemical testing, officer observations, or other evidence reliably establishes impairment.
Qualifying injury: Whether medical evidence supports the injury alleged under Idaho’s aggravated DUI statute.
Causation: Whether the evidence connects the accused person’s driving to the reported injury.
Police conduct: Whether officers conducted the stop, investigation, arrest, and evidence collection lawfully.

Our defense strategies can include challenging inaccurate chemical tests, conflicting witness testimony, and improper police conduct. We also examine whether evidence is subject to suppression, meaning the court may exclude it because law enforcement obtained it in violation of a protected right. The appropriate challenges depend on the facts and evidence in each case.

What Qualifies As Aggravated DUI Under Idaho Law?

Under Idaho Code § 18-8006(1), aggravated DUI is a felony allegation that a person drove under the influence and caused great bodily harm, permanent disability, or permanent disfigurement to someone other than the driver. The alleged impairment may involve alcohol, drugs, another intoxicating substance, or a combination of substances.

The injury and causation elements distinguish aggravated DUI from other Idaho DUI charges. It can be charged on a first offense because the allegation is tied to the injury, not the number of prior convictions.

Aggravated DUI Compared with Other DUI Charges

A blood alcohol concentration of 0.20 percent or higher may support an Excessive DUI charge, but a high concentration alone doesn’t establish aggravated DUI. Likewise, having a minor passenger or a prior DUI doesn’t by itself satisfy Idaho Code § 18-8006.

A third-offense felony DUI is based on the number and timing of qualifying prior offenses. Aggravated DUI instead depends on whether the State can prove impairment, a qualifying injury to another person, and the required causal connection. A single incident may raise multiple legal issues, so the specific charge and evidence require careful review.

Potential Penalties for Aggravated DUI in Idaho

An aggravated DUI conviction carries a possible prison sentence of up to 15 years and a fine of up to $5,000. It can also result in restitution, which is a court order requiring payment for losses connected to the offense, and a driver’s license suspension lasting one to five years after release.

If the court doesn’t impose a penitentiary sentence, Idaho law requires at least 30 days in county jail. The first 48 hours must be served consecutively. The sentence depends on factors such as the allegations, injuries, evidence, criminal history, and the court’s decisions.

The case may also have civil consequences. Evidence of a conviction is admissible in a civil damages action arising from the same occurrence. This can affect litigation involving medical expenses, lost income, property damage, and other claimed losses, although the outcome of a civil case depends on its evidence and applicable law.

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Our Services

The Aggravated DUI Defense Process in Nampa

Felony aggravated DUI cases arising in Nampa are heard at the Canyon County Courthouse in Caldwell, within Idaho’s Third Judicial District. Familiarity with the felony process helps us identify the immediate deadlines, court appearances, and evidentiary questions that need attention.

After a consultation, we thoroughly review police reports, video footage, forensic results, and medical records. Our analysis addresses the alleged impairment, reported injury, collision mechanics, and causation. We look for inconsistencies between the State’s theory and the available physical, medical, or testimonial evidence.

An early review can identify evidence that may change, become unavailable, or require further investigation. As an aggravated DUI lawyer serving Nampa, we focus on the records, testing methods, witness accounts, and collision details that matter to the defense rather than treating the charge as an ordinary DUI case.

Why Trust Atkinson Law Office?

What Sets Us Apart

Empathetic Guidance
Understanding the personal and legal challenges our clients face, we offer empathetic guidance and unwavering support to help them navigate their DUI cases with confidence.
Dedicated Advocacy
We are committed to providing diligent and ethical representation, fighting for the best possible outcomes while maintaining the integrity of the legal profession.

Compassionate Representation
We genuinely care about our clients' well-being and future, offering compassionate and personalized legal support through every step of their DUI case.
Integrity and Transparency
We uphold the highest standards of honesty and transparency in all our dealings, ensuring our clients are always well-informed and trust in the legal process.

Discuss Your Charge in a Free Consultation

A felony allegation can affect your freedom, driving privileges, finances, and family. During a free consultation, you can discuss what happened, learn what the charge means, and hear how we may approach the evidence before deciding on your next step.

We offer affordable rates and virtual consultations for people who can’t or prefer not to travel. Our partners’ experiences as defendants inform the non-judgmental way we work with clients. We also speak Bosnian, Croatian, and Serbian.

Call (208) 670-8164 to discuss your charge and potential defense options with our aggravated DUI attorney serving Nampa.

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  Boise, ID 83702
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Stories of Success and Satisfaction

At Atkinson Law Office, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

"Professional & Friendly"
Craig Atkinson has gone above and beyond my expectations, always follows through with his word, and is very reasonably priced. I would recommend him to my grandma if she ever gets a DUI.

- James H.
"Went Above and Beyond"
Craig Atkinson IS the best! His professional attention to detail was amazing and he made sure that we were kept abreast of everything that was happening. We could not have asked for better legal representation!

- Green W.
"They Truly Care"
Craig and his staff were very helpful in assisting me with what was unfamiliar territory for me. I highly recommend Craig if ever you find you are in need of a great attorney.

- S.P.
"Saved the Day"
He's very punctual and professional he really cares about clients. He was also very responsive to my questions no matter how many I had. Definitely would recommend him!

- Jonathan L.
"Trust Him with My Life"
Craig is hand down the best lawyer we have dealt with, he was always professional and organized! He’s our go-to for anything now even if we just need advice I’d trust him with my life.

- Roberto
"Very Helpful"
Craig was so helpful to my husband and I. We had never had any legal issues in Idaho and were at a complete loss. Craig responded promptly and got us in right away.

- Sheri
"Truly Impressed"
I was greatly impressed by the professionalism of Atkinson and his colleagues. For those in need of legal assistance, I highly recommend him as an attorney.

- Stefan D.
"Knowledgeable, Timely & Dedicated"
Craig Atkinson was a phenomenal resource to have in a very difficult time. He was easy to work with, knowledgeable, timely, and dedicated.

- Bailey K.

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