Q What are the penalties in Idaho for DUI?
The penalties for drunk driving in Idaho depend on the number of times the defendant has been arrested and convicted for driving under the influence of alcohol or narcotics.
CRIMINAL PENALTIES FOR DUI
The first offence for driving while intoxicated or "DUI" as is a misdemeanor punishable in jail for up to 6 months and a fine up to $1,000.00 plus court costs. After the sentence is served, the drivers license of the defendant is suspended for 90 to 180 days. However, after 20 days, the defendant may apply for a driving permit for traveling solely to and from work.
The second offence for DUI is a minimum of ten (10) days jail up to one year in jail and a fine up to $2,000.00 in court costs. After the sentence is served, the drivers license of the defendant may be suspended for 1 year.
The third offence is a felony and results in a minimum sentence of thirty (30) days jail and up to 5 years in a state penitentiary and a fine up to $5,000.00. After the sentence is served, the drivers license of the defendant may be suspended between 1 to 5 years.
For second and third offenses, the court is required to have the defendant place an ignition interlocking device (IID) on the defendant’s vehicle following the release from jail and/or prison.
CIVIL LIABILITY FOR DUI
Drunk drivers also face civil liability for their illegal acts and omissions that cause other drivers, their passengers and/or family members to sue for personal injuries and/or wrongful death for both compensatory and in some cases punitive damages.
Compensatory damages are imposed to compensate the vicitms of personal injury and wrongful death for the losses they incurred arising from the negligence of the defendant. Punitive damages over and above criminal sanctions imposed are designed to punish the defendant and to deter them from further criminal conduct.
We see that given the number of DUI arrests imposed each month that criminal penalties alone due not deter others from drunk driving. Each year thousands of people are injured and killed due to drunk drivers operating motor vehicles on public streets, highways and the interstate.
As far as civil liability is imposed, those damages awarded to a plaintiff against a drunk driver are not discharged by the filing of a bankruptcy. They include damages for lost wages, salary and income, loss of future earning capacity, medical expenses both past and projected and general damages for pain, suffering, scarring, disfigurement, loss of consortium and loss or diminution in the quality of life and capacity to enjoy life.
IDAHO CAR ACCIDENT AND TRIAL LAWYER ALAN MORTON HAS OVER 32 YEARS OF EXPERIENCE IN HELPING VICTIMS OF DRUNK DRIVERS SEEK COMPENSATION FOR THEIR INJURIES AND LOSS OF LOVED ONES.
If you or a loved one have been injured or killed as a result of a drunk driver, you should contact an experienced trial lawyer for an initial free consultation to learn about your legal rights and remedies. You have limited time in which to provide notice to a purveyor of alcohol to pursue a dram shop action for someone serving alcohol to a minor or someone who is obviously intoxicated and then later gets into a motor vehicle collision.
Boise Car Accident and Trial Lawyer Alan Morton has over 32 years of experience helping victims of drunk drivers in seeking compensation for personal injuries, wrongful death and other damages. You may contact Mr. Morton for an initial free consultation at 208.344.5555, 888.716.8021 (toll free) or by completing an online contact form. Mr. Morton and his staff have a listening ear and are willing to talk to you about your legal rights and remedies to help your family and you seek justice for your injuries and damages arising from a car crash caused by a drunk driver.