DUI Reference Guide

Idaho DUI Laws

Individuals who drive while under the influence of drugs or alcohol should be aware that if they were arrested for a DUI, serious consequences would result.  Arrests can occur if a person is found to be driving while their mental or physical abilities to drive are in some way impaired from drugs and/or alcohol.  DUI arrests will also occur if an individual is found to be driving with a blood alcohol content at or above 0.08%.  A person will have their license revoked by the department of transportation if they are arrested for DUI. This penalty is separate from those that will result from a court case to determine the guilt or innocence of someone who is arrested for Idaho.

The suspension of a person’s license can occur immediately.  A driver who is arrested for DUI does have a right to a hearing with the Department of Transportation, but only if they request this hearing in seven days or less after they are arrested.   In addition, people can have their license revoked immediately if they refuse to take a blood test.  Anyone who has s driver’s license falls under the implied consent theory.  They are expected to provide a chemical test if they are ever pulled over on suspicion of a DUI.  Refusing to do so the first time can result in a 90-license suspension.  Second refusals can result in their license being revoked for one year.  Refusal suspensions are separate from other penalties.  Again, a person can request a hearing to protect their license.  In this case they can retain their license usually until their hearing.

Any offenses for a DUI that are more than five years old will not count towards a person’s current number of offenses.  First time offenders can have their licenses suspended for 180 days.  At times they can receive restricted driving rights after 30 days.  Jail sentences can range from 48 hours to six months.  There can be probation time of one to two years as part of a sentence as well.  Those convicted will need to be evaluated for any alcohol or substance abuse problems.  Fines can range as high as $1000.

Second time offenders will also need evaluations for any alcohol or drug problems.  If necessary, they might also be mandated to receive treatment.  Jail time can be as high as one year with a typical minimum of ten days.  Fines can be as much as $2000.  Those convicted might have two years of probation.  After they receive their license again, they can be required to place an ignition interlock system on their vehicle. 

A third time offender can face a felony.  The only way to avoid this is if a person had their prior offenses over five years ago.  Otherwise, they will be charged with a felony at this point.  People can lose their license for one to five years.  Fines can be as much as $5000 and jail sentences can be for as long as five years.  Minimums are usually 30 days.  Once again there can be ignition interlock requirements afterwards.  Probation will also result. 

DUI is a serious crime.  Many states do not charge a person with a felony until the fourth offense.  However, in the case of Idaho, even the third offense will be considered a felony.  It is essential to contact a lawyer immediately if a person is facing a possible third conviction.  In fact, regardless of the offense, a person should consider consulting with an attorney.  Many offices offer free consolations to begin discussing a person’s case.  Search the yellow pages for lawyers who specialize in DUI cases.  Many online websites are also available to search for local lawyers handling the areas of specialty needed.

A court case for DUI is serious.  A lawyer can help the defendant to create their defense.  This can involve creating doubt as to whether or not a person was in fact under the influence of alcohol or drugs while driving.  Doubt can also be cast as to whether or not they were impaired while driving.  If test results were used, the lawyer can work to show that there is possibility that the test results where not valid or were not accurate.