DUI Offenders  DUI Consequences  DUI Laws

Idaho DUI Laws


Idaho DUI Laws, like all of the states across the country have strict implementation of DUI laws. There are two ways in which you can be arrested of DUI.

It does not necessarily mean that you have to qualify both ways, as long as you meet any of the two, you can be charged. A vehicle driver intoxicated with alcohol/drugs and his driving ability is impaired can be charged with DUI. In this instance, as long as your intoxication has been proven by the arresting officer based on your physical appearance, driving pattern, and field sobriety test, you will be arrested.

All US states have the per se law that states a person can be guilty of DUI if his blood alcohol content exceeds the 0.08% or more standard. This BAC standard will slightly vary for minors under 21 where the BAC is 0.02% or more, as well as for commercial drivers who must not exceed the 0.04% BAC standard.

Upon arrest, you will then be requested by the peace officer to take the BAC test. You may refuse to take the test but this will result to the suspension of your driver’s license for a number of days.

After being arrested, you will be tried in two separate cases: a criminal case and an Idaho Transportation Department case. The former case will impose the penalties and fines appropriate for your offense.

The latter case will decide the duration of your driver’s license suspension. This case won’t immediately take into effectivity. You will have to request a hearing from the said office 7 days within your arrest. Contact a skilled DUI defense lawyer to help you file the request appropriately. Failure to file a request will automatically lead to the suspension of your driver’s license.

The criminal court and the Idaho Transportation Department will enforce the appropriate punishments for both criminal and administrative cases if the individual is convicted of driving under influence. Here are the possible penalties, fines, license suspensions, and other sanctions:

1. First DUI offense – jail time of 2 days to 6 months, fine of up to $1,000, and license suspension of 180 days with an absolute 30 days suspension;
2. Second DUI offense – jail time of 10 days to 1 year, fine of up to $2,000, and license suspension of 1 year and installation of an ignition interlock device after the suspension period; and
3. Third DUI offense – jail time of 30 days to 5 years, fine of up to $5,000, and license suspension of 1 to 5 years. On the third offense, this can already be considered a felony if committed within a 5-year period from the first offense or if committed within a 10-year period of a previous felony DUI.

Idaho DUI Laws also mandate for an alcohol treatment program aside from the penalties and fines imposed by an individual convicted of DUI.