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Idaho DUI Laws & Penalties

Idaho DUI Laws

Facing an Idaho DUI? If so then you need to act quickly to protect your driving privileges and rights. After being arrested for an Idaho DUI, you only have seven (7) days before your license will be revoked. In those seven days, you need to request a DMV administrative hearing. You or your Idaho DUI lawyer can request this hearing. If you don't request and complete this hearing, you will lose your license for at least thirty days.

What is Considered a DUI in Idaho ?

In Idaho, DUI is considered driving with a blood alcohol level that is higher than .08%. This is usually tested through a breath test. If you refuse to take the breath test, you will have your license immediately taken by the officer who is arresting you, and unless the court determines otherwise at your hearing, your license will be lost for 180 days. If you fail the test, you will be arrested and your license will be seized.

Idaho DUI Penalties

Your Idaho DUI carries with it two cases, both a criminal case and a hearing before the Idaho Transportation Department. When you go to your criminal case you will face possible jail time, fines, education programs, and a suspension of your license and driving privileges. The Idaho Transportation Department can then add more license suspension time to what you face through the courts. 

The fines and penalties for an Idaho DUI are as follows: 

Idaho First Offense DUI Penalties

  • 48 hours to 6 months jail time if BAC was below .20%

  • 10 days to 1 year in jail if BAC was above .20%

  • 180 days drivers license suspension, after 30 days with restrictions (1 year suspension if defendant is under 21 years of age)

  • Mandatory attendance at an alcohol evaluation

  • DUI Victim Impact panel required

  • 1-2 years probation possible

  • $1,000 to $2,500 in fines

Idaho Second Offense DUI Penalties

  • Jail time of 10 days to 1 year if BAC was below .20%

  • Jail time of 30 days to 5 years in prison if BAC wsas above .20%

  • Drivers license suspension for 1 year minimum for BAC below .20%

  • Drivers license suspension from 1 to 5 years after release from prison

  • Mandatory Alcohol Evaluation and Treatment

  • Ignition interlock system required in vehicle

  • 2 year probation

  • $2,000 to $5,000 in fines

Idaho Third Offense DUI Penalties

  • 3rd DUI in Idaho is classified as a felony offense

  • Jail time of 30 days to 5 years

  • Drivers license suspension for 1 - 5 years

  • Ignition interlock system required in vehicle

  • Supervised probation (must report)

  • Mandatory Alcohol Evaluation and Treatment

  • Up to $5000 in fines

Idaho BAC Assumptions

  • No prosecution for a DUI offense with a BAC level less than .08% unless evidence of drug use is found

Idaho Implied Consent Laws

  • Chemical testing is allowed. Blood, breath or urine.

  • Arresting officer is required to advise the defendant of the penalties for test refusal; defendant's right to independent testing and that the defendant has no right to seek counsel before testing

  • Test resulting in a BAC reading of .08% or greater carry a 90 day or 1 year license suspension

  • Immediate license seizure for test refusal and 180 days to 1 year license suspension

Chemical Testing

  • Blood, breath or urine test results are admissible in court

  • Blood draws must be performed by a licensed physician, registered nurse or other approved person

  • The defendant has the right to have an independant test done by a qualified person of the defendants choice. All independant testing expenses are the responsibility of the defendant

  • There are no statutory provisions regarding the disclosure of test results

Because of the severity of these consequences, talking to a DUI lawyer in Idaho is important. Also, you can expect your insurance premiums to go up after facing an Idaho DUI case. 

Idaho DUI Considerations

Some portions of the state of Idaho offer a special program for repeat offenders and first DUI offenders with a high blood alcohol level. This program is called “DUI Court.” This is a program designed to teach the offender about the dangers of driving under the influence. It reduces jail time by having the offender work in the sheriff’s labor program for two days. The offender must also attend Alcoholic’s Anonymous meetings, as well as other requirements as determined by the Idaho DUI courts.

Idaho DUI Insurance Considerations

No matter if you are a first time offender or a repeat offender, your Idaho DUI will carry serious consequences for your insurance premiums. You will either find that you are dropped by your insurance provider, or you will find that your premium cost skyrockets. This can even affect your family members that are on your insurance policy.

DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of Idaho  and has worked out a special discount only available here for our website visitors.

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Other Idaho DUI Resources

  • Idaho DUI First Offense -  Detailed first offense information including punishments after a first offense DUI in Idaho.

  • 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.

  • Idaho Substance Abuse Programs - We offer a complete listing of Idaho approved substance abuse program locations.