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Excessive DUI

Excessive DUIs are scary. Upon arrest you will usually spend the night in jail, be forced into pretrial drug testing, and be facing enhanced penalties. This type of DUI, or driving under the influence, charge happens when someone has consumed a significant amount of alcohol. Even though these charges are scary there are lots of things that can be done to soften the blow, one bad mistake does not have to ruin your life. If you have been charged with a crime in Idaho, the lawyers at Racine Olson, PLLP can walk you through every step and prepare you for the best defense possible.

What Is an Excessive DUI?

There are a few basic elements to any excessive driving under the influence charge. A person has to be in actual physical control of motor vehicle, in the state of Idaho, on a public road (or private property open to the public), while having a blood alcohol construction of 0.20 or higher. So, let’s break that down. Actual physical control means you’re the person driving – you can’t get a DUI while being a passenger. (You can get one while you’re parked or sleeping it off). A motor vehicle means a car, truck, motorcycle, moped, or anything else that is self-propelled. There are a few things that usually fall outside of the definition depending on their design, electric scooters and e-bikes. Bicycles, skateboards, and other such vehicles propelled solely by human power are not motor vehicles. In the State of Idaho means you cannot get a DUI in Idaho if it happened in another state. A public road means thing like a city street or highway. Private property open to the public are things like parking lots, roads in shopping centers, and roads in private communities. It does not mean your private driveway, or things like a racetrack.

Blood alcohol concentration (BAC) is a measurement of the percentage of alcohol in the blood stream. The State measures blood alcohol by breathalyzer, or in the case of a refusal to take a breathalyzer, a blood test while you’re handcuffed to a hospital bed. A lot of things can effect your BAC level, how much alcohol was consumed, time between when you had your last drink, weight, sex, and metabolism. A standard DUI is 0.08 BAC or over, and an excessive DUI is 0.20 BAC or over.

Possible Penalties

All penalties for driving under the influence are unpleasant, excessive DUI is even worse. The headline is a mandatory minimum 10 days and up to a year in jail. In addition, you can have up to 2 years of probation, a fine up to $2000, court costs and probation fees, a license suspension of one year, and an ignition interlock. On top of those penalties courts can make you jump through hoops on probation like drug and alcohol testing, treatment, and other restrictions.

The criminal defense lawyers at Racine Olson can fight the charge at trial, or potentially help lower the charge, or the penalties, through the use of a proper mitigation plan, good lawyering, and negotiations.

Fighting the Case & Mitigating the Damages

Every case starts with looking into the basic facts and seeing if we have a way to fight the charges – did the police have reasonable suspicion for the stop, did they have probable cause for the breathalyzer, are there any issues with the testing equipment, etc. We start by interviewing are clients, then review the police paperwork, any videos, and gather any additional information we can find. We look under every rock for every possible angle.

At the same time as we look to fight the case, we engage in preparing mitigation. This process begins with getting to know our clients, so we can present them to the court as a whole person, rather than an accusation. Everyone has a compelling life story that can help put things in context. Depending on each client’s individual needs we then gather and prepare evidence to prove up facts the court will take into consideration in sentencing such as employment, education, and personal background.

Contact Us

The knowledgeable, experienced, and diligent attorneys at Racine Olson, PLLP are here to help you and your family when you need it the most. Whether a misdemeanor or felony, our Idaho criminal defense attorneys are prepared to guide you through the legal process and fight for you at every turn. Call us at 208.232.6101 for a free consultation with the Racine Olson, PLLP team of criminal defense attorneys. You can also email me directly at We stand ready to answer your questions and help solve your criminal defense needs.

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