Driving under the influence (DUI) is a serious offense in Idaho, especially when it crosses into “excessive” territory. An excessive DUI charge is not just a standard DUI — it involves circumstances that elevate the severity of the offense. In Idaho, a DUI becomes excessive when the driver’s blood alcohol concentration (BAC) is 0.20% or higher, which is more than double the standard legal limit of 0.08%.
Those who find themselves accused of this crime are wise to take the matter seriously. Three important questions to ask when navigating this situation include the following.
#1: What does the prosecution need to establish to build their case?
As noted above, the prosecution must establish that the driver’s BAC was at or above 0.20% at the time of driving to move forward with excessive DUI charges. If the state cannot prove this, they likely cannot move forward with the charges.
#2: What are the possible penalties for an excessive DUI conviction?
The consequences of an excessive DUI are severe due to the potential for significant harm. Penalties can include:
- Jail time: Mandatory 10 days, with the possibility of up to one year.
- Fines: Up to $2,000.
- License suspension: Mandatory minimum of one year without privileges.
It is important to note that the presence of a previous excessive DUI conviction within five years can result in increased penalties, potentially including mandatory use of an ignition interlock system.
#3: What defense strategies are available for allegations of an excessive DUI?
There are many options, and the right combination depends on the details of the case. One example may include questioning the accuracy of the BAC tests. In some cases, it is possible to demonstrate that the testing equipment was faulty or that procedures were not properly followed and can cast doubt on the evidence. In addition to the accuracy of the evidence, some may challenge the protocol used to gather the evidence as it could be in violation of the driver’s rights or simply done in err.
It is important for those who are facing allegations of an excessive DUI to remember that the charges are not yet a conviction. You can fight back. A defense strategy tailored to your specific situation can result in a reduction or even dismissal of DUI charges.