Is a DUI a Felony in Idaho?
In the state of Idaho, driving under the influence (DUI) is considered a serious offense, and the severity of the punishment depends on various factors, including the defendant’s blood alcohol concentration (BAC) and their criminal history. While most DUI charges are misdemeanors, there are instances where a DUI can be classified as a felony. In this article, we will delve into the details of Idaho’s DUI laws and provide an answer to the question: Is a DUI a felony in Idaho?
What is a Felony DUI in Idaho?
In Idaho, a felony DUI is classified as a "Enhanced DUI" and is punishable by a maximum of 5 years in prison, a $5,000 fine, and a life license revocation. A felony DUI is defined as a DUI that occurs under the following circumstances:
- The defendant has a previous DUI conviction within the past 10 years.
- The defendant has a prior DUI conviction that resulted in a felony sentence.
- The defendant has a previous felony conviction related to the commission of a DUI.
What are the Felony DUI Laws in Idaho?
Idaho has strict laws regarding felony DUI, and the penalties are harsher than those for a misdemeanor DUI. The felony DUI laws in Idaho are outlined in Idaho Statute 18-6404. Here are the key provisions:
| Statute | Provision |
|---|---|
| 18-6404 | A person is guilty of enhanced DUI if they commit a DUI offense and have a previous DUI conviction within the past 10 years. |
| 18-6404 | A person is guilty of enhanced DUI if they commit a DUI offense and have a prior DUI conviction that resulted in a felony sentence. |
| 18-6404 | A person is guilty of enhanced DUI if they commit a DUI offense and have a previous felony conviction related to the commission of a DUI. |
Why is a DUI Considered a Felony in Idaho?
A DUI can be considered a felony in Idaho for several reasons, including:
- Aggravating circumstances: The defendant’s BAC was 0.20 or higher, or they had a previous DUI conviction.
- Prior convictions: The defendant has a previous DUI conviction within the past 10 years, or they have a prior felony conviction related to the commission of a DUI.
- Serious injuries: The defendant’s DUI offense resulted in serious injuries to another person.
How is a Felony DUI Charged in Idaho?
A felony DUI in Idaho is typically charged as a Class D felony. The prosecution must prove the following elements beyond a reasonable doubt:
- The defendant operated a motor vehicle.
- The defendant’s ability to operate the motor vehicle was impaired due to the consumption of alcohol or drugs.
- The defendant had a previous DUI conviction within the past 10 years, or they had a prior felony conviction related to the commission of a DUI.
Defending a Felony DUI Charge in Idaho
Defending a felony DUI charge in Idaho requires a skilled and experienced attorney who is familiar with the state’s DUI laws and procedures. Here are some potential defenses:
- Challenging the stop: The defense can challenge the validity of the traffic stop that led to the arrest.
- Challenging the blood test: The defense can challenge the accuracy and admissibility of the blood test results.
- Challenging the arrest: The defense can challenge the legality of the arrest and the officer’s training and certification.
- Mitigating circumstances: The defense can argue for mitigating circumstances, such as the defendant’s good character, lack of prior criminal history, or remorse for their actions.
Conclusion
In conclusion, a DUI can be considered a felony in Idaho if the defendant has a previous DUI conviction within the past 10 years, or they have a prior felony conviction related to the commission of a DUI. The punishment for a felony DUI is harsher than that for a misdemeanor DUI, with a maximum sentence of 5 years in prison and a $5,000 fine. If you are facing a felony DUI charge in Idaho, it is essential to consult with a skilled and experienced attorney who can help you navigate the criminal justice system and defend your rights.
