Idaho DUI Laws & Attorneys
by Joshua Dale
Idaho has always been synonymous with potatoes. But not widely recognized is the fact that the skins are used for distilling Vodka. But too much of the potato peel can get you into trouble, especially on the road. After a steady decline in drunk driving arrests, Idaho DUI’s begun to rise slightly over the last several years. This has caused debate in the state legislature about harsher punishments for offenders.
In Idaho the term DUI means Driving While Intoxicated and not having the normal use of your mental or physical faculties by reason of the introduction of alcohol, a controlled substance or a combination of these or any other intoxicants into the body.
Every driver in Idaho has given their ‘implied consent’ for a blood alcohol test (BAC) when they received a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when under the suspicion of an Idaho DUI charge. You should note that you have the right to a second test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Idaho DUI attorney contact the hospital immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records.
The Idaho DUI ‘per se’ law states that a blood alcohol content of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving ‘under the influence’ if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was ‘under the influence’.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint or solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for an Idaho DUI, even though you are not “legally drunk”, and are still subject to ALR (automatic license revocation).
After being charged with an Idaho DUI you’re going to face two adversaries: the criminal courts, and the Idaho Department of Motor Vehicles (DMV). If your license was suspended or revoked because of a DUI, you will be offered a formal hearing.
You have the right to make a request within 7 days for an administrative hearing with the Idaho DMV (after receiving your driver’s license suspension notice) to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. DMV sanctions can also be imposed even if you are found not guilty in a criminal court case.
DMV hearings may be a crucial opportunity to let your Idaho DUI defense attorney cross-examine and rebut testimony, confront evidence offered by those involved in your arrest and investigation. It is possible to receive a driver’s license suspension for a DUI conviction and a suspension for a BAC test refusal or failure. DMV penalties and court sanctions may seem similar, but they are different. However, they usually run concurrently (at the same time).
Be advised that Idaho has an out-of-state Driver’s License Compact Agreement. This means that Idaho DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Idaho DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact an Idaho DUI specialist. In any case, when you are stopped and arrested for suspicion of an Idaho DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with an Idaho DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by an Idaho DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to an Idaho DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Idaho DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and Idaho drunk driving laws should be taken very seriously. Idaho DUI convictions and penalties can be long lasting and severe, both in court and with the Idaho Department of Motor Vehicles, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. An Idaho DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting an Idaho DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s An Idaho DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from an Idaho DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal can carry penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 7 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
After being arraigned, your DUI attorney will meet with the prosecutor to negotiate the merits of your case. Court dates are crowded so it is not unusual for a DUI case to seem mired in delays. However, delay can work to your benefit as prosecutors and judges work to try to clear court calendars.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Idaho DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of an Idaho DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
It is next to impossible to plea bargain an Idaho drunk driving charge without an experienced Idaho DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Idaho DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Idaho DMV and the Criminal Courts Double Jeopardy?
Like most states, Idaho law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. The Idaho DMV administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What Is A “Lookback” Period?
A look back period is the amount of time that has to pass before a judge can look back into your driving record to use past convictions to increase present penalties. In Idaho it is 10 years from past arrest date to present arrest date. This means that anyone arrested for a DUI within 10 years of a present offense will be charged with a ‘prior’, with increased penalties and punishment.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of any previous Idaho administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Are There Alternatives to Jail?
Your Idaho DUI specialist may be able to make arrangements for drug and alcohol rehabilitation programs, sober living homes, home arrest with electronic monitoring, work release programs and community service.
Can I Get a Hardship Driver's License?
After the suspension period for a 1st DUI a restricted license is available. Repeat offenders may be eligible for a restricted license after completing court ordered sanctions.
What About Enhanced Punishments For Idaho DUI Convictions?
Many circumstances may lead to sentence enhancements: prior DUI convictions, the presence of a child in the car, speeding, reckless driving, an elevated BAC level, or causing an accident with injuries (which can result in up to 15 years in prison and up to $5,000 in fines) or property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Idaho multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license and vehicles for years, if not permanently.
Consequently, we strongly recommend retaining an experienced Idaho DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. The state estimates that insurance premiums can escalate to over 300% in 5 years. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
What if I Am An Out-Of-State Driver?
Idaho DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Idaho DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
– Idaho DUI Criminal Penalties –
DUI Court is a special program for repeat offenders and first time offenders with an elevated BAC. It is intended to teach the offender about the dangers of drinking and driving. It reduces jail time by having the offender work in the sheriff’s labor program for 2 days. There is also mandatory attendance at Alcoholic’s Anonymous, as well as other requirements determined by Idaho DUI courts.
1st Offense (Within 10 Years of a 1st Offense)
Up to 6 months in jail.
Up to $1,000 fine.
30 days loss of license, which may be extended up to 150 days.
Proof of SR – 22 high risk insurance or financial responsibility form for 3 years.
Substance abuse assessment and possible treatment programs may be ordered by the court.
1 to 2 years of supervised probation.
Mandatory attendance at a victims’ panel.
2nd Offense
10 days to 1 year in jail.
Up to $2,000 fine.
1 year loss of license.
Ineligible for restricted license.
After the suspension period you may be ordered to install an ignition interlock device in your vehicle.
You may drive only cars that are equipped with an interlock device.
Substance abuse assessment and treatment programs will be ordered by the court.
Mandatory attendance at a victims’ panel.
2 years of supervised probation.
3rd Offense
Felony conviction.
30 days in jail or up to 10 years in state prison.
$5,000 fine.
1 to 5 years loss of license.
After the suspension period you will be ordered to install an ignition interlock device in your vehicle.
You may drive only cars that are equipped with an interlock device.
Substance abuse assessment and treatment programs will be ordered by the court.
Up to 3 years supervised probation.
Elevated BAC Level
1st offense:
.20% BAC.
10 days to 1 year in jail.
Up to $2,000 fine.
1 year loss of license. (after you are released from jail).
2nd offense:
Felony conviction.
Up to 5 years in state prison.
Up to $5,000 fine.
5 years loss of license (after you are released from prison).
BAC Test Refusal
1st offense:
$250 to $1,000 fine.
Up to 6 months in jail.
30 to 180 days loss of license
2nd offense:
Up to $2,000 fine.
10 days to 1 year in jail.
2 years loss of license.
Underage DUI
02% BAC (zero tolerance law).
1st offense:
Up to $1,000 fine.
Up to 1 year loss of license.
After 90 days waiting period eligible for restricted license.
Substance abuse assessment and possible court ordered treatment.
2nd offense:
Mandatory 5 days to 1 year in jail or juvenile detention center.
$500 to $2,000 fine.
2 years loss of license, or until 21, whichever is longer.
Substance abuse assessment and court ordered treatment.
.08% BAC level or higher or subsequent offenses you may be charged as an adult.
3rd offense:
Up to 5 years in jail.
Up to $5,000 fine.
2 to 6 years loss of license or until 21, whichever is longer.
Substance abuse assessment and possible court ordered treatment.
Commercial Driver’s License
1st offense or BAC Test refusal:
Up to $1,000 fine.
1 year disqualification of license.
Up to 6 months in jail.
Substance abuse assessment and possible court ordered treatment.
3 years disqualification for hauling hazardous material with DUI.
2nd offense or BAC Test Refusal:
Up to $2,000 fine.
Lifetime disqualification of license.
– DMV Administrative Penalties –
DUI Offense (Within a 10 Year Period)
1st offense:
90 days loss of license.
Eligible for a restricted license after a 60 day suspension period.
2nd Offense:
1 year loss of license.
Not eligible for restricted license.
BAC Test Refusal
1st offense:
1 year loss of license.
2nd offense:
2 years loss of license.
Underage BAC Test Refusal
1st offense:
Loss of license for 30 days to 1 year, or until you turn 21 years old, whichever is longer.
Substance abuse assessment and possible court ordered treatment.
Eligible for restricted license after suspension period.
2nd offense:
2 years loss of license, or until 21, whichever is longer.
Substance abuse assessment and court ordered treatment.
Commercial Driver's License
Any detectable amount of alcohol means out of service for 24 hours.
A DUI in any vehicle counts against CDL.
1st offense: 3 years disqualification.
3 years loss of license for hauling hazardous material with DUI.
Subsequent offenses lifetime disqualification.
– Disclaimer –
Only educated and licensed Idaho DUI specialists should provide you with bonafied legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited Idaho DUI attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned Idaho DUI professional.
Unverified Other Research
NOTICE - Idaho DUI arrests will result in mandatory license suspensions unless a timely request for an administrative hearing is made. If you have been arrested for a DUI in Idaho, you have only SEVEN (7) DAYS from the date of your arrest to request a hearing. An administrative hearing must be requested in writing and must be faxed, mailed or hand delivered to the Idaho Transportation Department. The written request for hearing must include the issue(s) to be raised at the hearing.
Idaho DUI Penalties
First DUI conviction
Charged as a misdemeanor
Up to six months in jail
Up to $1,000 in fines
3-6 month driver's license suspension
Second DUI conviction (within 10 years)
Charged as a misdemeanor
Mandatory jail sentence of at least 10 days
Up to $2,000 in fines
One-year driver's license suspension
Installation of ignition interlock device
Third DUI conviction (within 10 years)
Charged as felony
Mandatory jail sentence of at least 30 days
Up to $5,000 in fines
1-5 year driver's license suspension
Installation of ignition interlock device
Breath Test Refusal Penalties
First refusal: Administrative driver's license suspension for 90 days.
Any additional refusals: One year administrative driver's license suspension
