A first offense DUI in Idaho will result in two separate cases. The first is the criminal charge that you will face in Idaho court where you will be facing fines, jail time, alcohol education classes, and more. The second is the administrative penalty you will be faced with from the Idaho Transportation Department for violating the state's "per se" law.
The "per se" law states that it is against the law for anyone to operate a motor vehicle on Idaho roads while under the influence of alcohol with a blood alcohol level of .08% or greater. It is irrelevant whether or not the vehicle driver displays the signs typically associated with DUI. The mere fact that the driver has a BAC level of .08% or greater is against the law.
The potential maximum fine amount for a first offense DUI in Idaho is $1,000 plus court costs. First time offenders are subject to a minimum of 2 days in jail up to a maximum of 6 months, depending on the circumstances of the case. A driver's license suspension period of 180 days. No driving will be allowed for the first 30 days of the suspension period. Restricted driving privileges may be granted for the remainder of the suspension period.
You must maintain an SR22 insurance filing and policy before the DMV will reinstate your driver's license. You may obtain your filing and policy by entering your zip code below and completing the short form on the following page:
First time offenders will be required to obtain an alcohol evaluation and to follow the recommendations of said evaluation. You will also be required to attend a Victims' Panel. You will also receive a 1 to 2 year probation period that may or may not be supervised.
Upon being arrested for a first offense DUI in Idaho the arresting officer will take your drivers' license and issue you a temporary permit that will act as your driver's license for the next 30 days.
Important: You only have 7 days from the date of your arrest in which to request an administrative hearing with the Idaho Transportation Department. If you fail to request a hearing within the 7 days allowed, you will not be granted one after that time.
A request for a hearing must be made in writing and delivered either by fax, mail, or hand delivery to the Idaho Transportation Department. It is important to request a hearing if you wish to avoid the pending suspension of your driver's license. Failure to request a hearing results in the automatic suspension of your license.
To schedule a hearing now contact one of our Idaho DUI lawyers today. Our lawyers are experienced at representing clients at administrative hearings. Having a lawyer on your side at your hearing will give you the best chance at success.
The purpose of the hearing will be for the hearing examiner assigned to hear your case to review the evidence presented against you by the arresting officer and to hear testimony from the officer. Then the hearing examiner will hear testimony from you and your lawyer on your behalf and review any evidence in your favor.
Once the hearing examiner has heard all the testimonies and reviewed all the evidence they will render their decision regarding your suspension. If they find that the suspension was not justified, your license will be returned to you. If the suspension is upheld you will be given the opportunity to request a restricted permit.
Before being granted a restricted license or following your suspension period you will be required tofile an SR-22 form with the Idaho Transportation Department showing proof of financial responsibility. Your Idaho SR22 insurance provider will perform this filing on your behalf.
You will be required to carry your SR22 insurance for a period of 3-years following a first offense DUI in Idaho. If at anytime during this 3-year period you fail to maintain your SR22 insurance coverage, your insurance provider is obligated by law to inform the Idaho Transportation Department of the lapse in coverage.
if this occurs the Department will cancel your driver's license immediately and mail you a letter stating that your license has been cancelled. Before you will be issued a new license you will be required to bring your SR22 insurance premiums current with your insurer and have your insurer file another SR-22 form with the Department before you will be issued a new license.
Idaho DUI Laws - A complete overview of Idaho DUI laws including fines, jail time and penalties for each offense.
Idaho SR22 Insurance - Learn everything you need to know about Idaho SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your Idaho SR22 insurance.
Idaho DUI Lawyers - Contact one of our Idaho DUI lawyers today.
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