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Boise DUI Lawyers—Kershisnik Law, PLLC

Penalty for DUI and DWP in Idaho

(208) 472 - 2383
101 S. Capitol Blvd., Suite 701, Boise, ID 83702
Patrick Kershisnik, Attorney & Counselor
Boise Idaho DUI Lawyers
Kershisnik Law (208) 472-2383
(208) 472 - 2383
380 S. 4th Street, Suite 101, Boise, ID 83702
Patrick Kershisnik, Attorney & Counselor
Boise Criminal Lawyer
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Penalty for DUI in Idaho
DUI - Driving Under the Influence
The penalty you receive for a driving under the influence charge will depend on many factors, including how many other drunk driving charges you have.  Idaho Code 18-8005 outlines the penalties for drunk driving.  In general for your first time offense (within a 10 year period) you could receive the following penalty:

  • A misdemeanor charge

  • Up to 6 months in jail
  • Up to a $1000 fine
  • Driving privileges suspended for a mandatory 30 days but up to as many as 150 at the discretion of the court

For your second drunk driving offense (in 10 years) the penalty is:

  • A misdemeanor charge
  • Up to 1 year in jail
  • Up to a $2000 fine
  • Mandatory license suspension for 1 year
  • Functioning Ignition Interlock Device

For a third charge of driving under the influence (in 10 years) the penalty is:

  • A felony charge
  • Up to 10 years in prison
  • Up to a $5000 fine
  • Driving privileges suspended for up to 5 years (after your release from prison)
  • A Functioning Ignition Interlock Device

If you have questions concerning DUI and want to speak to a Boise DUI Lawyer, please give us a call and see what we can do for you.

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Penalty for DWP in Idaho
DWP - Driving Without Privileges
The penalty for driving without privileges with also vary depending upon many factors.  Idaho Code 18-8001 outlines the penalty for DWP

First Time DWP 
-Minimum 2 days in jail, but up to six months possible
-Up to $1,000 fine
- Additional 6 mo. license suspension

Second Time DWP within 5 years
-Minimum 20 days in jail, but up to 1 year possible
-Up to $1,000 fine
-Additional 1 year license suspension

More than two DWP charges within 5 years
-Minimum of 30 days in jail, but up to 1 year possible
-Up to $3,000 fine
-Additional 2 year license suspension

DWP can be a slippery slope.  If you have been charged with a DWP call now to speak to one of our criminal defense lawyers who can help you now.
Minor with a BAC of less than .08%

According to Idaho Code 18-8004A  a minor may be charged with a DUI eventhough their blood alcohol concentration is below a .08%. The penalty will vary depending upon the circumstances but in general is as follows:

First Time Minor DUI
-Up to $1,000 fine
-One year license suspension with 90 days absolute
-Alcohol evaluation

Second Time Minor DUI
-Minimum of 5 days, but up to 30 days in jail
-Minimum of $500 fine, but up to $2,000 fine
-2 year license suspension with 1 year absolute
-Vehicle ignition interlock device
-Alcohol evalutation

Third Time Minor DUI
-Minimum 10 days in jail, but up to 30 days
-Minimum $1,000 fine, but up to $2,000
-Minimum 1 year absolute license suspension (or until the minor reaches 21, whichever is greater)
-Vehicle ignition interlock device
-Alcohol evalutation

Juvenile law is a specific area of the law.  If you, or your child have been charged with a juvenile crime give us a call to speak with one of our attorneys who is experienced in juvenile criminal defense.

What is a DUI?

In Idaho you can be charged with a DUI if you are operating a motor vehicle under the influence of alcohol and your blood alcohol concentration is a 0.08% or greater.  You can also be charged with a DUI if you have alcohol and any combination of drugs or other intoxicating substances in your system.  Likewise, if you have any drugs or intoxicating substances in your system, you can be charged with a DUI.

In addition, if you are operating a commercial vehicle and are under the influence of drugs and alcohol, or have an alcohol concentration of 0.04%-0.08%, you can be charged with a DUI
Kershisnik Law
(208) 472-2383
If you have been charged with a DUI or a DWP and need to speak to a Boise DUI or Criminal Defense Lawyer, call us now, (208) 472-2383 and see what we can do for you.
Kershisnik Law, 380 S. 4th, Suite 101 - Boise, Idaho 83702  - (208) 472-2383