DUI in Idaho

A DUI in Idaho carries with it a number of different consequences.  First of all, being arrested for a DUI in Idaho creates two different cases.  The first is handled by the court and can mean jail time or fines.  The second is handled by the Idaho Transportation Department.

Possible drunk driving offenses in Idaho include the following:

  • Driving under the influence of alcohol, drugs, or other substance causing intoxication
  • Driving with a blood alcohol content (BAC) of .08 or greater
  • Driving under the influence of a narcotic or in combination with alcohol by a habitual drug user
  • If under 21, driving with a BAC of .02 or greater

Immediate Steps to Take

Every DUI in Idaho carries a mandatory driver’s license suspension unless you contact the Transportation Department within seven days to set up a hearing.  This request must also be in writing, so it should be among the very first things you do after being charged.  Your license will be suspended for three months if you don’t request a hearing.  For every subsequent DUI, you’ll get a one-year suspension if you fail to contact the department quickly.

Penalties

The court can charge you with both reckless driving under the influence and driving with a blood alcohol content (BAC) of more than .08 per cent.  Punishments can increase of your BAC is more than .2 per cent or if this is your second or third DUI.  In Idaho, there’s a five year period for DUIs, meaning that if you get another DUI in less than five years, it counts as your second offense.


Court Fines Potential Jail Time License Suspension
1st Conviction Up to $1,000 2 days - 6 months 30 days - 180 days
2nd Conviction Up to $2,000 10 days - 1 year 1 year
3rd Conviction Up to $5,000 30 days - 5 years 1 year - 5 years*

*An ignition interlock system may also be required to be installed

First DUI: two days to six months jail time, up to $1,000 in fines, a suspended license for 30 to 180 days, and one to two years of probation.  You also must get an alcohol abuse evaluation and follow its recommendations.

Second DUI: 10 days to one year in jail, up to $2,000 in fines, a one year suspension, two years’ probation, and use an alcohol interlock device for a year after your license is reinstated.  You must get another alcohol abuse evaluation as well.

Third DUI in Idaho (counts as a felony): 30 days to five years in jail, up to $5,000 in fines, a one to five year suspension, and supervised probation.

If you think you may be facing a DUI conviction, a DUI lawyer may be able to help.  He or she will be able to advise you about your specific circumstances.

Chemical Testing and Implied Consent Laws

Under Idaho state law, any licensed person operating a motor vehicle automatically gives his or her consent to an approved test (blood, breath, or urine) for the purposes of showing intoxication.  Blood tests must be administered by a doctor, nurse, medical technologist, phlebotomist, or other personnel trained to take blood.  A driver accused of a DUI offense also has the right to request a second, independent, chemical test at his or her own expense.  If the chemical test (blood, breath, or urine) is carried out by a lab approved by the Department of Law Enforcement then test results are admissable in court regardless of whether or not there is evidence of testing procedure reliability.

Refusing to Take the Blood Alcohol Test

Note that in Idaho, if you refuse to take the breath test at the time of your arrest, the police officer has the right to confiscate your driver’s license.  Also, refusing the test will increase your penalties and can result in your license being suspended for 180 days with no exceptions.  If you are pulled over for a DUI a second time and refuse the test, your license can be suspended for one year.

 

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