The DUI laws of the State of Idaho
prohibit the following:
- Drivers under the age of 21
operating a motor vehicle with blood
alcohol content (“BAC”) of 0.02
or higher;
- Drivers of any age operating
a motor vehicle with BAC of 0.08 or
higher; and
- Drivers operating a
commercial vehicle with BAC of 0.04 or
higher.
Penalties
for a DUI conviction in Idaho include, but are
not limited to, the following:
First
DUI Conviction
- For a first DUI conviction
in Idaho, the offenders will face jail
time up to 6 months. First-time DUI
offenders in Idaho will also face fines
up to $1,000 and drivers’ license
suspension ranging from 90 days to 180
days. First-time offenders may
apply for restricted license after 30
days and may also be required to go
through alcohol treatment program at the
driver’s own expense.
Second DUI Conviction
- For a second DUI conviction
in Idaho, the offenders will face
mandatory jail time of 10 days and can be
jailed up to a year. Second-time
offenders will also face fines up to
$2,000 and mandatory minimum license
suspension of one year. After the
one-year license suspension, drivers will
be required to install Ignition Interlock Device in their vehicles.
Drivers will also be ordered to complete
community service and alcohol treatment.
Third
DUI Conviction
- A third DUI conviction in
Idaho is a felony and not a
misdemeanor. Third-time offenders
will face mandatory minimum jail time of
30 days and maximum jail time of 5
years. In addition, third-time DUI
offenders in Idaho will face fines up to
$5,000 and mandatory license suspension
of 1 year and up to 5 years. If
offenders are permitted to obtain a
license after the mandatory 1 year
suspension, they will be required to
install Ignition Interlock Device in their vehicle.
Third-time offenders will also be ordered
to complete community service and alcohol
treatment program at the drivers’
own expense.
Idaho DUI Laws
Summary
Idaho law indicates that any
individual whose blood alcohol content is .08%,
or above, is considered to be DUI and may receive
an immediate notice of license suspension by the
arresting officer. A first offense, which
is defined within a 5 year period, carries a fine
of up to $1,000.00 and two days to six months of
incarceration. A first time offender will
generally receive a 180 suspension of his/her
license with the possibility of obtaining a
restricted license after the first 30 days.
Each DUI offender must undergo an
alcohol evaluation in order to determine the
extent, if any, of their addiction. They are
also required to follow any recommendations,
which are ordered by the court, as a result of
the evaluation. In addition, the offender
may be placed on one to two years of supervised
probation.
Following the arrest, every DUI
offender must request a hearing within seven days
or face an automatic license suspension for a
minimum of 30 days regardless of whether or not
the offender pleads, or is found, guilty of
DUI. If anyone should refuse to adhere to a
roadside blood alcohol content test, they will be
subject to an automatic suspension of driving
privileges for a minimum of five months unless a
hearing is requested within seven days of the
incident.
Following a guilty verdict or an
admission of the guilt, the majority of insurance
companies will increase their rates dramatically
or, in some cases, may even drop the offender’s
coverage altogether. If this should occur,
the driver is labeled as “high risk”
and may find it difficult to find another
insurance company who is willing to offer them a
new policy. In the event that another
insurance company is willing to accept the
driver, their rates will likely be very high for
the amount of coverage offered solely because of
the DUI on the offender’s driving record.
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