DUI/DWP
Driving Under Influence / Driving Without Privileges

DUI (Driving Under Influence) and DWP (Driving Without Privileges) are two of the most common misdemeanors I see in my practice. They are not the same but they are often related.

For example, a DUI will result in a driver's license suspension. If one is caught driving while suspended a new misdemeanor charge of DWP will be filed. This new charge may impact the previous DUI by causing a probation violation or making it more difficult to get the State to agree to a plea bargain in the first case.

Both of these charges carry increasing penalties for second or third offenses. Some of the penalties described below are mandated by statute, however, a good attorney will be able to help you mitigate some of the penalties and will often pay for itself in lower fines and/or jail penalties.

Below are the possible penalties for DWP and DUI:

DWP

First Offense (within a 5 year period)

• Up to $500.00 fine
• 2 days to 6 months jail *
• Suspend driver's license for 6 months any portion may be absolute or the entire 6 months may be restricted.

Second Offense (within a 5 year period)

• Up to $1,000.00 fine
• 20 days to 1 year jail *
• Suspend driver's license 1 year with at least the first 30 days absolute. *

Third Offense (within a 5 year period)

• Up to $3,000.00 fine
• 30 days to 1 year jail *
• Suspend driver's license 2 years with at least the first 90 days absolute.*

* Denotes penalties which are mandated by statute.

DUI

First Offense (within a 10 year period)

• Up to $1,000.00 fine
• 2 days to 6 months jail
• Suspend driver's license for 180 days with at least the first 30 days absolute and the remainder restricted *
• Obtain an alcohol evaluation *
• Follow the recommendation of evaluation *
• Attend Victims' Panel *
• 1 to 2 years probation - may be supervised.

Second Offense (within a 10 year period)

• Up to $2,000.00 fine
• 10 days to 1 year jail *
• 1 year absolute license suspension *
• Obtain an alcohol evaluation *
• Follow the recommendation of evaluation *
• Interlock device on car for 1 year after driver's license suspension ends
• 2 year probation - usually supervised.

Third Offense (within a 10 year period)

This will be a felony if it is received within 10 years of the first offense or within 15 years of a prior felony DUI or aggravated DUI. A second DUI within 10 years where there was an alcohol concentration of .20 or more will also be treated as a felony DUI.

• Up to $5,000.00 fine
• 30 days to 10 years incarceration *
• Suspend driver's license for 1 to 5 years with at least the first year absolute *
  
  Note: restriction begins after period of incarceration has been served
• Supervised felony probation.

* Denotes penalties which are mandated by statute.

DUI charges present some additional problems such as the requirement to carry high risk or SR-22 insurance.

IF YOU WERE ARRESTED FOR DUI READ THE FOLLOWING IMPORTANT INFORMATION REGARDING YOUR RIGHTS

Effective January 1, 1998, pursuant to Idaho Code 18-8002A, any individual who has a .08 or higher BAC result on the breathalyzer may receive a notice of suspension and have his or her driver's license seized on the spot by the arresting officer or entity.

If this has happened to you, you must request an administrative hearing from the Department of Transportation within 7 days.

An administrative hearing must be requested in writing and must be faxed, mailed or hand delivered to the Idaho Transportation Department. The written request for hearing must include the issue(s) to be raised at the hearing.

Failure to request a hearing within 7 days will result in an automatic and absolute suspension of your driving privileges for a minimum of 30 days and restricted privileges for a minimum of 60 days, whether or not you plead or are found guilty of DUI. If this is your second time within a 5 year period your license will be suspended for 1 year and you will not be eligible for restricted privileges during that time.

Refusing to provide a breath test when requested will also result in automatic suspension of driving privileges for a minimum of 180 days absolute unless a BAC hearing is requested within 7 days. If this is a second refusal within a 5 year period, you face a 1 year absolute suspension.

The implementation of 18-8002A has raised the stakes significantly for anyone charged with DUI. Loss of license can occur even if there is ultimately no DUI conviction. If you have any questions regarding your rights or potential penalties, I urge you to seek legal advice immediately to ensure that your rights are protected.