Driving under the influence of drugs or alcohol is illegal
for all motorists in Idaho. Judges in the state mete out a variety of
punishments for DUI offenders. These penalties are designed to dissuade drivers
from driving after drinking alcohol or taking illicit substances.
Drivers who want to avoid getting a DUI while driving in
Idaho need to know what the legal blood alcohol content or BAC limits are. They
also can benefit by knowing what kinds of punishments they can anticipate if
they are arrested for and convicted of DUI in Idaho.
DUI in Idaho
The standard blood alcohol content limit in Idaho for a DUI is 0.08 percent. If a driver’s BAC is over 0.08 percent, he or she can be arrested for and found guilty of driving under the influence. This standard limit applies to drivers who are 21 years of age and older and who drive privately owned motor vehicles.
The state uses different BAC limits for commercial drivers
and minors. Commercial drivers must have BACs under 0.04 percent. Drivers under
the age of 21 cannot drive with BACs over 0.02 percent.
Idaho also uses a separate definition for aggravated or
enhanced DUI. A driver can be charged with an aggravated DUI if his or her BAC
is 0.15 percent or higher. He or she can also be arrested for aggravated DUI if
the driver causes great bodily harm, disfigurement or disability to another
person while driving drunk.
Penalties for DUI in Idaho
The penalties for DUI in Idaho can vary according to the
number of DUIs that drivers have on their records. The penalties increase for
each subsequent DUI that a person is arrested for.
A first DUI conviction in Idaho can result in a jail
sentence of up to six months maximum. The offender can also get a fine of up to
$1000 and be sentenced to up to six months of probation.
A first-time offender likewise will have to complete an
alcohol evaluation program and have his or her license suspended for up 90 to
180 days. He or she can get a restricted license to drive to and from work or
school by completing an administrative hearing process. He or she will also
have to submit an SR22 to prove financial responsibility to the state.
A second DUI offense in Idaho can result in a jail sentence
of 10 days to one year. It also can lead to a fine of up to $2000 and a
suspension of one’s license for one year.
The offender likewise will have to use an IID for the same
period of time that his or her license was suspended. He or she also will have
to take an alcohol evaluation program.
The offender cannot get a restricted license during the time
that his or her driver’s license is suspended if the DUI occurs within a
five-year period of his or her last DUI conviction. The driver also will have
to submit an SR22 to the state.
A third-time DUI conviction in Idaho results in a jail
sentence of 30 days to five years. The person will be ordered to pay a fine up
to $5000 and serve a one-year probation period.
The offender likewise will have to complete an alcohol
awareness program and use an IID for the same period of time for which his or
her license is suspended. The driver will not get a restricted license during
the revocation period, and he or she will be required to provide the state with
Underage DUI in Idaho
Drivers younger than 21 can be arrested for DUI if they have
a BAC of 0.02 percent or higher. A first-time underage DUI can result in a fine
of $1000. The driver can also have his or her license suspended for one year
but be eligible for a restricted license during that time period. This individual
will also need to complete an alcohol evaluation program.
A second-time underage DUI in Idaho can lead to a fine of
$500 to $2000. The person will have his or her license suspended for one to two
After the license is reinstated, the offender will have to
use an IID for up to one year. The minimum jail sentence is five to 30 days.
The driver will also have to complete an alcohol evaluation program.
A third underage DUI in Idaho results in a jail term of 10
days to six months. It also requires the completion of an alcohol evaluation
program, a fine of $1000 to $2000, a suspension of the driver’s license of up
to one year or until the offender reaches 21 years of age. The person also must
use an IID for up to one year.
Implied Consent Laws in Idaho
Idaho has implied consent laws that require drivers to give
blood, urine, or breath samples if law enforcement has just cause to detain
them for a DUI. If a driver refuses, he or she can receive a fine of $250 and
also have his or her license seized by the arresting officer.
The officer then forwards the report to the Idaho
Transportation Department Hearing office. The driver must request an
administrative hearing within seven days of the license being seized.
The questioning will be limited to why the driver refused
DUI testing. The burden of proof will be on this individual. If the officer is
found by the administrative hearing office to have just cause to arrest the
person for DUI, the person’s license will be suspended for up to one year for the
first test refusal and two years for a second DUI refusal if it occurs within
10 years of the first.
Idaho prohibits the act of driving under the influence of
drugs or alcohol. The DUI laws in the state apply to drivers of all ages.
Adults face different penalties than underage drivers.
Penalties can also be given to drivers who refuse DUI testing when they are
pulled over by law enforcement.