Aggravated DUI Attorney in Boise

Penalties and Sentencing for Aggravated DUI Convictions in Boise

Aggravated DUI is a felony offense with severe sanctions:

• Incarceration: Up to fifteen (15) years in state prison.
• Jail Time (Probation): If the court opts for probation instead of prison, a mandatory minimum 30-day jail sentence must still be served.
• Fines: Up to $5,000.
• License Suspension: Mandatory suspension of driving privileges for a minimum of one year after release from incarceration (up to five years total). This suspension is absolute, meaning no restricted driving privileges are allowed.
• Restitution: Mandatory payment of restitution to the victim for medical bills, lost wages, and property damage.

Key Defense Strategy: Challenging Causation and Injury

In Aggravated DUI cases, the defense must challenge both the foundation of the underlying DUI and the severity and causation of the injury.

Attacking Causation and Liability

The most direct way to defeat the felony charge is to sever the link between the driving and the harm. We work with accident reconstruction experts and investigators to prove:

• Intervening Cause: The injury was caused by a second, independent factor (e.g., another vehicle hitting the victim after the initial crash, or improper medical care).
• Comparative Fault: The other party was entirely or primarily responsible for the accident. If we can prove the impaired driving was not the direct cause of the catastrophic injury, the charge must be reduced from a felony Aggravated DUI to a misdemeanor DUI.

Challenging Serious Bodily Harm

We scrutinize the medical evidence to challenge whether the victim's injuries legally qualify as "great bodily harm," "permanent disability," or "permanent disfigurement." 

We often consult with medical professionals to argue that the injuries, while serious, fall short of the statutory definition, which can also lead to a reduction in the severity of the charge. This detailed medical analysis is essential for an effective aggravated DUI attorney in Boise.

Suppressing the DUI Foundation

Even if causation is proven, the State must still prove the underlying DUI. We fight to suppress the blood or breath test results (e.g., faulty chain of custody, Intoxilyzer malfunction) and challenge the legality of the traffic stop to undermine the entire basis of the charge.

Why Choose Our Boise Aggravated DUI Lawyers

Serious DUI charges demand experienced legal representation that understands Boise's courts and Idaho DUI law. At Idaho Legal Justice, we are Idaho’s largest DUI law firm and offer a level of focus rarely found elsewhere. Our aggravated DUI attorneys in Boise handle only DUI cases, which gives us vital insight into how Ada County and local prosecutors approach complex charges. We keep you involved at every stage, answer your questions promptly, and ensure you feel supported and informed.

We believe every client deserves clear, practical information and a custom plan that reflects their needs. Our attorneys often appear before Boise judges on aggravated DUI matters, so we understand both the procedures and the practical expectations in our local courts. Whether we’re preparing you for arraignment, helping you understand court requirements, or explaining likely outcomes, we offer steady guidance focused on your overall well-being.

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