| Idaho DUI Law | | | | convicted of driving under the influence. One of the |
| Idaho is one of the many states where a DUI offense | | | | penalties is imposed for refusal to submit to chemical |
| will result in two different kinds of cases. One is the | | | | testing. In Idaho, having a valid driver's license means |
| criminal charges you will face for driving under the | | | | that you are implying your consent for chemical testing |
| influence. DUI is a criminal offense in Idaho, so these | | | | if a law enforcement official asks you to submit to this |
| charges will be pressed against you if you have been | | | | type of test. If you refuse to consent to chemical |
| arrested for this type of offense. Another type of | | | | testing when asked to submit, you face a 180-day |
| case you will face is administrative in nature and | | | | license suspension. Your license will be confiscated and |
| involves your Idaho driving privileges. If you are | | | | the officer may issue a temporary 7-day license. You |
| unsuccessful in defending yourself in this administrative | | | | will be given seven days to request a hearing of your |
| case, you will lose your driving privileges and may be | | | | case. If you miss the deadline, you will lose the |
| unable to continue to provide for your family. Because | | | | opportunity to have a hearing and the temporary |
| the consequences of both the criminal and | | | | license will expire after 7 days. If you take a chemical |
| administrative cases have the potential to make your | | | | test and exceed the legal BAC limit, your license will be |
| life difficult, it is important that you contact an Idaho DUI | | | | confiscated and the officer will issue a temporary |
| lawyer who can work with you to present a defense | | | | 30-day license. You are given 7 days to request a |
| that gives you the best chance of beating the charges | | | | hearing; if you do not, your license will be suspended |
| or minimizing the penalties against you if you are | | | | for 90 days with the opportunity to receive a restricted |
| convicted. | | | | license after 30 days of the suspension. For second |
| DUI Laws in Idaho | | | | and subsequent offenses, your license will be |
| Idaho is one of the many states that have two types | | | | suspended for one year with no opportunity for a |
| of prosecution theories used in driving under the | | | | restricted permit. Having an Idaho DUI lawyer defend |
| influence cases. The first is the "under the influence" | | | | you in your administrative hearing can help you to |
| theory. This type of case is prosecuted on the basis | | | | minimize any administrative penalties and can also help |
| of a driver's impairment. If a driver has consumed | | | | you to prepare for the criminal charges you face. |
| alcohol and is impaired so that he or she cannot | | | | Criminal Penalties |
| operate a vehicle as safely as they could have if | | | | The criminal penalties for driving under the influence in |
| alcohol had not been consumed, they are considered | | | | Idaho may include a combination of jail time, fines, and |
| impaired. In this type of case, the prosecutor uses | | | | other penalties as determined by the court. These |
| information from the law enforcement officers | | | | penalties increase with subsequent offenses and with |
| involved in the arrest to determine if a driver was | | | | enhancements allowed for specific circumstances. The |
| impaired. Dangerous driving patterns, the smell of | | | | criminal penalties for a first offense are 2 days to 6 |
| alcohol on the driver's breath, and the driver having an | | | | months in jail, a fine of up to $1,000, alcohol evaluation, |
| intoxicated appearance are all types of information | | | | driver's license suspension, 1 to 2 years of supervised |
| that can be used to show impairment. | | | | probation, and mandatory attendance at a victims' |
| The second theory is the same as in many other | | | | panel. The penalties for a second offense include 10 |
| states. This is the "per se" theory and means that | | | | days to one year in jail, fines of up to $2,000, license |
| prosecutors do not have to show that a defendant | | | | suspension of one year with absolutely no driving, |
| was impaired when driving. This means that, even if | | | | installation of an ignition interlock device in the |
| the driver did not have alcohol on the breath or did not | | | | offender's vehicle for one year after license |
| perform any dangerous driving, they can still be | | | | suspension ends, alcohol evaluation, mandatory |
| charged with driving under the influence. In this type of | | | | attendance at a victims' panel, and 2 years of |
| case, the prosecutor simply has to show that the | | | | supervision that may be supervised. A third DUI |
| driver's blood alcohol content limit exceeded the Idaho | | | | offense makes the penalties more severe. Penalties |
| legal limit of 0.08%. This can be shown by introducing | | | | for a third DUI include a fine of up to $5,000, 30 days |
| the results of chemical testing into the criminal | | | | to 5 years of jail time, supervised probation, and |
| proceedings. A skilled Idaho DUI lawyer can help you to | | | | suspension of the driver's license for 1 to 5 years. A |
| defend yourself against these charges by introducing | | | | third DUI offense will be charged as a felony if it |
| expert witnesses that may be able to show that the | | | | occurs within 5 years of a first offense or if a felony |
| tests were unreliable. | | | | DUI conviction occurred within a 10-year time period. |
| Administrative Penalties | | | | These penalties have the potential to rob you of your |
| As with other states, there are administrative penalties | | | | freedom and your ability to provide for our family. |
| for a driving under the influence offense in Idaho. | | | | Contact an Idaho DUI attorney so you can present the |
| These administrative penalties are separate from any | | | | best possible defense for your DUI case. |
| criminal penalties that may be imposed if you are | | | | |