Idaho Code §18-8004 provides that to be guilty of Driving Under the Influence (“DUI”) the State must prove the following:
- The Defendant drove or was in actual physical control of a motor vehicle.
- Upon a highway, street or bridge or upon the public or private property open to the public.
- While under the influence of alcohol, drugs or an intoxicating substance.
Idaho has made it illegal to drive or be in actual physical control of a motor vehicle with a .08 (at least .02 but less than .08 if driver is under 21) or higher alcohol concentration.
If you are stopped for an alcohol related DUI, officers on the scene will first administer a field sobriety test, followed by a breath test. If you fail the field sobriety test and refuse to submit to a breath test, officers will obtain a warrant to require you to submit to a blood draw.
If you are stopped for a drug related DUI, officers on the scene will first administer a field sobriety test, possibly followed by a breath test, and/or an evaluation by a DRE (Drug Recognition Expert).
If you took a breath test and failed by blowing over the statutory limit of .08 the following will apply:
You will be subject to an Administrative License Suspension. Idaho Transportation Department will move to suspend your driver’s license for 90 days with the first 30 days being absolute, meaning you have no driving privileges of any kind. After the first 30 days you may be eligible for a work permit as long as your license is valid in Idaho.
This suspension will start 30 days after you receive the notice of suspension form from the arresting officer. The notice is typically received the day of arrest. The notice of suspension form is gold in color and is titled “Notice of Suspension for Failure of Evidentiary Testing.”
If you have a prior DUI within five (5) years, the Department will move to suspend your license for one year with no driving privileges of any kind.
You must petition the Department for a hearing to contest this suspension and enforce your rights within seven (7) days of arrest. This service is included in our DUI representation so it is imperative that you contact us before this time expires.
If you have a commercial driving permit you will have two suspensions. One for your CDL and one for your class D license. You will not be eligible for a work permit for the CDL, but may be eligible for a work permit on your class D license. If ITD is successful in suspending your CDL, it will be suspended for 1 year.
If you have a prior evidentiary test failure you will lose your CDL for life. This suspension is dictated by federal law and is administered by ITD. This suspension is career ending so it is imperative that you contact our office before the seven-day window expires to file your petition for hearing.
The officer, in their discretion, can declare a refusal and charge a person with DUI. If this happens the officer will issue a temporary permit to drive for the next 30 days. A permit will not be issued to a person who already has their license suspended or to a person driving a commercial vehicle.
You have seven (7) days to petition the court for a hearing to contest this license suspension. Unlike an ALS suspension, this suspension is administered by the county court where the violation took place. The suspension is typically referred to as a BAC or refusal suspension. If you do not request a hearing, you will lose your privileges to drive for 1 year and have a $250.00 civil penalty imposed.
This is an absolute one (1) year suspension with no driving privileges of any kind. If you have a prior refusal suspension within the last ten (10) years the court will suspend your license for 2 years absolute with no driving privileges of any kind.
You must petition the court for a hearing to contest this suspension and enforce your rights within seven (7) days of arrest. This service is included in our DUI representation so it is imperative that you contact us before this time expires. There are ways to minimize the suspension or to have it thrown out altogether, but you have to file an objection to protect your rights.
Penalties for DUI
First time DUI:
May be sentenced to jail for a term not to exceed six (6) months.
May be fined an amount not to exceed one thousand dollars ($1,000).
Shall have an absolute suspension of your driver’s license for thirty (30) days.
After the thirty (30) day absolute suspension, you may have your driving privileges suspended by the court for an additional period of at least sixty (60) days, not to exceed one hundred fifty (150) days. During this time you may request restricted driving privileges for employment or for family health needs.
Shall undergo an alcohol evaluation and be required to comply with recommendations in evaluation.
Shall participate in a Victims’ Panel.
Shall be required to install a State approved ignition interlock device.
May be placed on probation.
Second DUI within 10 years:
Shall be sentenced to jail for a mandatory ten (10) days, the first forty-eight (48) hours must be consecutive, and at least five (5) days must be served in jail. You may not be sentenced to more than one (1) year. The sentencing judge may authorize work detail program within the custody of the county sheriff during the period of incarceration.
May be fined an amount not to exceed two thousand dollars ($2,000).
Shall surrender driver’s license or permit to the court.
Shall have an absolute suspension of your driver’s license for one (1) year after release from confinement.
Shall be required to install a State approved ignition interlock device following the mandatory one (1) year license suspension period.
Shall undergo an alcohol evaluation and be required to comply with recommendations in evaluation.
Shall participate in a Victims’ Panel.
May be placed on probation.
3rd DUI within 10 years or 2nd excessive DUI:
These violations are felonies and carry increased penalties.
If you have 2 or more DUIs on your record and you are charged with an addition DUI, you need to contact an attorney immediately to help you navigate the increased penalties and suspensions.
Excessive DUI with alcohol concentration of a .20 or above the following applies:
Shall be sentenced to jail for a mandatory minimum period of not less than ten (10) days, the first forty-eight (48) hours of which must be consecutive, and may be sentenced to not more than one (1) year.
May be fined an amount not to exceed two thousand dollars ($2,000).
Shall surrender his driver’s license or permit to the court.
Shall have an absolute suspension of your driver’s license for one (1) year after release from confinement.
Shall be required to install a State approved ignition interlock device following the mandatory one (1) year license suspension period.
Shall undergo an alcohol evaluation and be required to comply with recommendations in evaluation.
Shall participate in a Victims’ Panel.
May be placed on probation.
If you are under 21 and your alcohol concentration is less that a .08 but more than a .02, the following applies. The legal limit for a person under the age or 21 is .02
Shall be fined an amount not to exceed one thousand dollars ($1,000).
Shall have his driving privileges suspended by the court for a period of one (1) year. The first ninety (90) days are absolute and no driving privileges of any kind may be granted. After the absolute suspension has passed, you may request restricted driving privileges if you can show that driving privileges are necessary and the court believes the privileges are appropriate.
Shall undergo an alcohol evaluation and be required to comply with recommendations in evaluation.
Shall participate in a Victims’ Panel.
Shall be required to install a State approved ignition interlock device following the mandatory license suspension period.
May be placed on probation.
Additional violations:
If you have 2 or more DUIs on your record and you are charged with an additional DUI, you need to contact an attorney immediately to help you navigate the increased penalties and suspensions.
Aggravated DUI:
Idaho Code § 18-8004(1)(a), 18-8004(1)(c)
This violation shall be considered a felony.
Shall be sentenced to the State Board of Correction for up to fifteen (15) years. Any sentence other than incarceration in the state penitentiary and the minimum sentence shall be at least thirty (30) days in jail with the first forty-eight (48) hours served consecutively.
May be fined an amount not to exceed five thousand dollars ($5,000).
Shall surrender his driver’s license or permit to the court.
Shall have an absolute suspension of your driver’s license for one (1) year after release from confinement with the possibility of a suspended license for up to (5) years after release from imprisonment, during which time no you will have no driving privileges.
Shall be ordered by the court to pay restitution.
Evidence will be admissible against you in a civil case to recover damages.
DUIs are complex due to the nature of the crime and interplay of the ALS administered by the Transportation Department. A poorly defended DUI can result in an extended license suspension or an unfortunate stay in the county jail. All of these results can be easily avoided in many cases. Additionally, for first time offenders you may be eligible for a withheld judgment. This would allow a person to truthfully reveal that they have never been convicted of DUI.
Facing a DUI charge? Contact us today.