DUI Court Ordered Evaluations Completed, Nampa ID.
If you receive a DUI charge, the Idaho Judges' usually order an Alcohol or "DUI Evaluation". Some individual's have this completed right after the charge, before they go to court. This should also assist with your license restoration.
We complete competitively priced:
- DUI Evaluations
- GAIN SS
- Alcohol/Drug Assessments for the Courts and Probation & Parole.
New Idaho DUI Law
BOISE — Gov. Brad Little this week signed into law a bill creating an optional diversion program for first-time drunk driving offenders.
The program will allow offenders to drive on a restricted permit if they install, at their own cost, an ignition interlock system on their vehicle. Those who successfully complete the program will have their charge dismissed.
Prosecutors can choose to not allow a drunk driver to participate in the program, and any driver who caused a fatal or injury crash can’t participate.
Those in the program must use an interlock system, which requires a driver to blow into a mouthpiece before being able to start their vehicle; the mechanism will only unlock the ignition if the driver is deemed sober.
Rep. Ryan Kerby, R-New Plymouth, and Sen. Abby Lee, R-Fruitland, sponsored the bill, HB 78, working with Mothers Against Drunk Driving and the Idaho Sheriffs Association.
“First-time offenders who enter into the diversion program can still work, pick up their children, care for their families — as long as they first provide a sober breath sample,” said MADD National President Helen Witty, who lost her 16-year-old daughter, Helen Marie, to an alcohol- and marijuana-impaired driver. “H 78 is, at its core, a smart-on-crime, rehabilitative approach to drunk driving.”
As of January, first-time convicted DUI offenders to install the device in their vehicle, at their expense, for a year, after their license suspension period, according to a previous Idaho Press report. Previously, only people who got a DUI on more than one occasion were required to use the device.
Mandatory interlock laws reduce DUI recidivism by about 70 percent, according to the Centers for Disease Control and Prevention.
Driving Under the Influence: Under Idaho Code § 18-8004 (1) (a), it is unlawful for any person to operate a motor vehicle if he/she is under the influence of “alcohol (concentration of .08 or higher), drugs, or any other intoxicating substances…” Idaho Code § 18-8005, outlines all penalties for those persons who are found guilty or plead guilty to Driving Under the Influence. Penalties include a jail sentence not to exceed six months, fines, and driver’s license suspension. A subsequent DUI convictions within 10 years doubles the potential penalties. A third DUI within 10 years can constitute a felony conviction with up to 10 years prison, $5,000 fine and 5 year driver’s license suspension. An excessive DUI (0.20 or higher) carries 2nd offense DUI penalties and a 2nd Excessive DUI within 5 years, can be charged as a felony and carries the Felony DUI penalties.
Aggravated DUI: Under Idaho Code § 18-8006 (1), a person who is under the influence, pursuant to Idaho Code § 18-8004 (l)(a) or (1) (c), and causes “great bodily harm, permanent disability or permanent disfigurement to any person other than himself.. .is guilty of a felony.” The penalty for this offense includes a possible 15-year (maximum) prison sentence, $5,000 fine, 5 year driver’s license suspension and restitution.
Vehicular Manslaughter: Under Idaho Code § 18-4006 “Manslaughter is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, without malice.” (3) “Vehicular –in which the operation of a motor vehicle is a significant cause contributing to the death because of: (b), the commission of a violation of section 18-8004 or 18-8006, Idaho Code”. The penalty for this offense includes a possible 15-year (maximum) prison sentence, $15,000 fine, indeterminate license suspension, restitution and potential for child support to surviving child(ren) of deceased.