Idaho Driving Under the Influence Law
In common with many other States, a DUI arrest in Idaho will lead to two cases being brought against the defendant, a criminal case and a Transportation Department case. If you have been arrested for DUI in Idaho, you have only 7 days in order to apply for a hearing at the Transportation Department in order to retain your driver's license. It is therefore essential that you contact an Idaho DUI lawyer as soon as possible.
Charges for DUI in Idaho can be brought under either, or both, the doctrine of being under the influence of alcohol or drugs whereby the defendant's mental or physical capabilities are impaired, affecting the defendant's ability to drive. The second recourse of action is to Blood Alcohol Concentration, currently set at 0.08%, under which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven.
Should you refuse to take a test, whether blood, breath or urine, your license will be ceased by the police officer and should uphold his decision your license will be revoked for 180 days. A second refusal in a five year period will lead to a one year suspension of your drivers' license.
| Conviction | Punishment |
| First | Jail term between 2 days and 6 months, fine of up to $1000, 1 to 2 years probation, 180 suspension of license, |
| Second | Jail term between 10 days and 1 year, fine of up to $2000, 1 year suspension of license, ignition interlock on car for 1 year after suspension concludes, 2 year probationary period. |
| Third | If within 5 years of first conviction, a felony count rather than misdemeanor. Jail sentence between 30 days and 5 years. Fine of up top $5000. Suspension of license between 1 and 5 years. Supervised probation. |
Contact your Boise DUI lawyer