Aggravated DUI in Boise

Have you been charged with an aggravated DUI in Boise, Idaho? Speak to the DUI attorneys at Attorneys of Idaho to learn more about fighting your charge. Schedule a free initial consultation to get started.

What Makes Something An Aggravated DUI?

In Idaho, it is prohibited to drive under the influence, which refers to any impairing substance such as alcohol or drugs. It is considered per se evidence of being under the influence if a person has a blood alcohol concentration (BAC) of 0.08% or more. If you are found operating a vehicle with a BAC over 0.08%, you will normally be charge with a DUI.

A DUI is generally a misdemeanor in Idaho, however, there are a number of factors that may elevate a DUI to a felony. One of these is known as an aggravated DUI, which can occur if a person suffered great bodily harm or disfigurement. So, being accused of an aggravated DUI means being accused of operating a vehicle with a BAC over 0.08% then getting in an accident that caused great bodily harm or disfigurement to another person.

What Are Idaho’s Aggravated DUI Penalties?

Below are the punishments and penalties that a person convicted of an aggravated DUI in Idaho may be subject to:

A person convicted of an aggravated DUI in Idaho may also face a civil lawsuit from the victim for damage not covered by restitution.

Fighting Your Aggravated DUI Case in Boise

Defending an aggravated DUI in Idaho is different from defending a standard DUI because the case usually turns on more than whether someone was over the legal limit. The prosecution also has to prove the crash caused great bodily harm, permanent disability, or permanent disfigurement. That means a defense may focus on causation, the seriousness of the injury, accident reconstruction, witness statements, medical records, and whether the alleged impairment actually caused the crash.

A strong defense may also challenge the DUI evidence itself. That can include the legality of the stop, field sobriety testing, breath or blood test reliability, blood draw procedures, chain of custody, timing of the test, and whether the person’s BAC was rising after the accident. If the evidence is strong, the defense may shift toward reducing the damage: treatment, sobriety, work history, family responsibilities, lack of prior record, and anything else that helps show the court the full person, not just the worst moment of their life.

Even in cases where there is strong evidence against you or you have admitted to the offense,  a good attorney will present a case that achieves the lowest possible sentence.