Idaho DUI Law & Lawyers: DUI-Web

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As with most states, an arrest for a DUI in Idaho results in two separate cases. The first case is the criminal case, which can result in various penalties, including fines, mandatory substance abuse classes, license suspensions and even jail time. The second case is against the Idaho Transportation Department and only involves your privilege to drive. Upon your arrest you only have 7 days to request an administrative hearing to challenge the suspension of your license. Once the 7 days has elapsed your license will be suspended with no recourse.

When you are arrested for a DUI in Idaho you will be asked to take a chemical test, usually a breath test, to determine your BAC. You will have the opportunity to refuse to take the chemical test but the refusal will result in a 180 day suspension of your license, if it was a first offense. A second refusal within five years will result in a one-year suspension.

If you take the chemical test and are found to have a BAC of .08% or higher you will be arrested and issued a temporary 30 driving permit. If you refuse the test you will be issued a temporary 7 day permit. After the 7 day permit expires your license will be suspended for 180 days with no hardship license available. If you take the chemical test and fail your license will be suspended for 90 days but you will be eligible for a restricted license after the initial 30 days.

Up to $1,000.00 fine
2 days to 6 months jail
Suspend driver's license for 180 days with the possibility of a restricted license after the initial 30 day suspension
Obtain an alcohol evaluation
Attend Victims' Panel
1 to 2 years probation - may be supervised.

Up to $2,000.00 fine
10 days to 1 year jail
1 year absolute license suspension
Obtain an alcohol evaluation
Interlock device on car for 1 year after driver's license suspension ends
2 year probation - usually supervised.

This will be a felony if it is received within 5 years of the first offense OR within 10 years of a prior felony DUI

Up to $5,000.00 fine
30 days to 5 years incarceration
Suspend driver's license for 1 to 5 years with at least the first year absolute
Supervised felony probation.

Idaho DUI Criminal Case

Beyond the administrative suspension of your license you will also be subject to criminal prosecution. Idaho has two separate legal theories in which to prosecute. The first is the “per se” theory in which you break the law by having a BAC of .08% or higher. This is by far the most common and easiest theory to prosecute as the prosecution only needs to prove that your BAC was at or above the legal limit of .08%. This theory relies solely on your body chemistry and does not need to prove an inability to safetly drive. The second theory is the “under the influence” theory in which you can be prosecuted for a DUI even if your BAC was under the legal limit. This is a harder theory to prove and is supported by such evidence as the officer’s testimony regarding your driving patterns, physical appearance and your field sobriety test.

The punishments for a DUI in Idaho vary and can be enhanced by certain factors including whether the offense was your first, second or more and whether you had a BAC of .20% or higher. In addition, other charges may be filed if you were driving recklessly or someone was injured or killed in an accident

Idaho has a 5 year lookback period in which the state can “lookback” 5 years to determine if you have had a previous DUI related offense. The state will enhance the available penalties if this is your second or third DUI.