Idaho DUI Laws, Penalties, and License SuspensionIdaho drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving have never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.
The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.
Idaho Laws
The following driving actions are illegal in the State of Idaho:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
Idaho Penalties
First Drunk Driving Conviction
For your first drunk driving conviction in Idaho you will be guilty of a misdemeanor and may be sentenced to jail for no longer than 6 months. You may also be fined up to $1,000 on your first drunk driving offense. Your drivers license will be suspended for an absolute minimum of 30 days. The court may rule after the 30 day suspension to extend the suspension from 60-150 days. The driver may request restricted driving privileges for employment or family health needs.
Second Drunk Driving Conviction
The second time you are arrested for drunk driving in Idaho you will serve a minimum of 10 days or up to 1 year in jail and be fined up to $2,000. Your drivers license will be suspended for a minimum period of 1 year after release from jail. During the one year suspension, no restricted driving privileges will be allowed. You may also be ordered to install a ignition interlock system at your own expense following the one year suspension.
Third Drunk Driving Conviction
The third arrest for drunk driving in Idaho will have you sentenced to the custody of the state board of corrections for no more than 10 years. If the court decides not to send you to a state penitentiary, you will be sentenced to the county jail for a mandatory minimum of 30 days. The fine you will receive will be up to $5,000 and your drivers license will be suspended for a period of 1-5 years after the imprisonment. You will also be ordered to install a ignition interlock system at your own expense following the mandatory one year suspension.
Idaho Drivers License Issues
Implied Consent
Like many of the other states across the country Idaho has what is called an implied consent law. To put it simply, any person who drives in Idaho is deemed to have given their consent to be tested for alcohol or drug concentration in their blood, breath or urine if the requesting officer has reasonable grounds to believe that the driver may be impaired. If the driver refuses this testing he will be fined $250 and have his drivers license seized by the arresting officer. The driver will be issued a temporary license that is valid until the day of his hearing or 30 days. The hearing will be used to question why the driver did not submit to the test requested. The burden of defense will be on the driver to prove that he was not impaired at the time of the arrest. If the driver is proven guilty, he will have his license revoked for a period of one year for the first refusal and 2 years for a second refusal if it is within 10 years of the first. If the court finds that the officer did not have legal cause to stop the driver and request the test, the driver will not have his license revoked.
SR-22
If your license is suspended in Idaho for a DUI, you must apply to the Idaho Transportation department for a reinstatement. Since your license was suspended for driving under the influence, you are obligated to provide proof that you are able to meet financial obligations that may arise from an accident. This proof is offered by SR-22 insurance and is necessary for 3 years following the reinstatement of your drivers license.
Home > DUI > Penalties and Laws by State > Idaho DUI |