Multiple DUI Conviction

[harborcondo]

What is the name of your state (only U.S. law)? Idaho

My boyfriend was convicted and sentenced for a DUI in January 2012, unfortunately, it was not his first. He has been in prison since 1/12 and yesterday, I went to a meeting regarding his upcoming release.

When the parole officer was going over the paperwork, he noticed my boyfriend had been sentenced on the notion that he had 7 prior DUI'S when in reality he has had 4. He was charged with a felony when it should have been a misdemeanor and has spent 3+ years in prison when he shouldn't have! They said they can not release him until it goes through the proper channels and everyone is acting like this is no big deal!

What are our options?

 

[Zigner]

What is the name of your state (only U.S. law)? Idaho

My boyfriend was convicted and sentenced for a DUI in January 2012, unfortunately, it was not his first. He has been in prison since 1/12 and yesterday, I went to a meeting regarding his upcoming release.

When the parole officer was going over the paperwork, he noticed my boyfriend had been sentenced on the notion that he had 7 prior DUI'S when in reality he has had 4. He was charged with a felony when it should have been a misdemeanor and has spent 3+ years in prison when he shouldn't have! They said they can not release him until it goes through the proper channels and everyone is acting like this is no big deal!

What are our options?

He needs an attorney. Your option is to help him pay for said attorney.

 

[harborcondo]

Yes, that is the plan. What kind of an attorney should I hire being we are dealing with a government agency?

 

[Zigner]

Yes, that is the plan. What kind of an attorney should I hire being we are dealing with a government agency?

Criminal defense.

 

[CdwJava]

Considering a THIRD offense is a felony in your state, it doesn't appear that is the issue with sentencing. There may be some other issues regarding enhancements for priors, but, he appears to be able to face up to 5 years just for his third offense. If he has four priors, the issue will be in what time span.

As mentioned this can only be addressed with the aid of a skilled criminal defense attorney.

 

[Ladyback1]

What is the name of your state (only U.S. law)? Idaho

My boyfriend was convicted and sentenced for a DUI in January 2012, unfortunately, it was not his first. He has been in prison since 1/12 and yesterday, I went to a meeting regarding his upcoming release.

When the parole officer was going over the paperwork, he noticed my boyfriend had been sentenced on the notion that he had 7 prior DUI'S when in reality he has had 4. He was charged with a felony when it should have been a misdemeanor and has spent 3+ years in prison when he shouldn't have! They said they can not release him until it goes through the proper channels and everyone is acting like this is no big deal!

What are our options?

According to ID law, a 4th DUI violation can carry a jail term of up to 10 years, and is indeed a FELONY.

So....there is a possibility that your beloved boyfriend got exactly what the law allows for, and this was not a mistake.

 

[harborcondo]

Considering a THIRD offense is a felony in your state, it doesn't appear that is the issue with sentencing. There may be some other issues regarding enhancements for priors, but, he appears to be able to face up to 5 years just for his third offense. If he has four priors, the issue will be in what time span.

As mentioned this can only be addressed with the aid of a skilled criminal defense attorney.

It's over a 30 year time period and prior to the most recent, it had been over 15 years since his last one.

 

[Ladyback1]

It's over a 30 year time period and prior to the most recent, it had been over 15 years since his last one.

some states factor in the time period between DUI/DWI convictions--but it does not look like ID does.

Best of luck!

 

[harborcondo]

According to ID law, a 4th DUI violation can carry a jail term of up to 10 years, and is indeed a FELONY.

So....there is a possibility that your beloved boyfriend got exactly what the law allows for, and this was not a mistake.

There is always that possibility now isn't there?

Why do you feel the need to be sarcastic, does it make you feel good?

 

[Silverplum]

There is always that possibility now isn't there?

Why do you feel the need to be sarcastic, does it make you feel good?

I'm sure everyone who helped you, for free, is glad to hear you are grateful for their help.

 

[Ladyback1]

There is always that possibility now isn't there?

Why do you feel the need to be sarcastic, does it make you feel good?

little defensive?

I wasn't being sarcastic. I was providing you with information that I obtained by researching (you know, trying to help?)

So....take your attitude to someone and pay them to deal with your boyfriend.
Best of luck!

 

[harborcondo]

little defensive?

I wasn't being sarcastic. I was providing you with information that I obtained by researching (you know, trying to help?)

So....take your attitude to someone and pay them to deal with your boyfriend.
Best of luck!

Yes, I did come here for help, that is what this forum is for and yes, it is free. I will be paying an attorney to help my "beloved" boyfriend, but needed to know where to start. I sincerely appreciate those who helped, but don't appreciate the addition of sarcasm, it isn't necessary.

 

[Ladyback1]

Yes, I did come here for help, that is what this forum is for and yes, it is free. I will be paying an attorney to help my "beloved" boyfriend, but needed to know where to start. I sincerely appreciate those who helped, but don't appreciate the addition of sarcasm, it isn't necessary.

is he not beloved? Really?

Good Lord lady! You should get over yourself.

 

[Silverplum]

Yes, I did come here for help, that is what this forum is for and yes, it is free. I will be paying an attorney to help my "beloved" boyfriend, but needed to know where to start. I sincerely appreciate those who helped, but don't appreciate the addition of sarcasm, it isn't necessary.

Color me shocked.

 

[FlyingRon]

some states factor in the time period between DUI/DWI convictions--but it does not look like ID does.

Best of luck!

It's ten years under the IDAHO Statute 18-8005 (6), which is the statute that jacks up the DUI with two priors to a felony.