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Idaho DUI arrests trigger two separate cases, and
anyone arrested for drunk driving in Idaho needs to
be aware of this. The first case is the criminal
court case, where those accused of Idaho DUI face
jail, fines, mandatory alcohol education classes,
and more. However, those who are caught drinking and
driving in Idaho also face consequences from the
Idaho Transportation Department.
 NOTICE -
Idaho DUI arrests will result in mandatory
license suspensions unless a timely request for an
administrative hearing is made. If you have been
arrested for a DUI in Idaho, you have only SEVEN (7)
DAYS from the date of your arrest to request a
hearing. An administrative hearing must be requested
in writing and must be faxed, mailed or hand delivered
to the
Idaho Transportation Department. The written
request for hearing must include the issue(s) to be
raised at the hearing.
All Idaho drivers have impliedly consented to take
a test to determine alcohol concentration if lawfully
requested to do so by an Idaho peace officer who
suspects the driver is under the influence of alcohol
(DUI). If you are arrested for Idaho DUI, you may
refuse to take the test, but if you do, the arresting
officer
will seize your driver's license. The officer
may issue you a temporary driving permit good for 7
days; giving you the opportunity to request a hearing.
If the court upholds the officer's findings, your
license will be suspended for 180 days for refusing to
take the alcohol concentration test if it is your
first offense. This penalty is in addition to any
penalty you receive in court for an
alcohol or
drug-related conviction. A second refusal within five
years will result in a one-year suspension. These
suspensions do not provide for restricted privileges
of any kind.
If you take and fail an
evidentiary test, the peace
officer will arrest you, seize your driver's license,
and if you are eligible, issue you a temporary driving
permit valid for 30 days. You will have the
opportunity to request an administrative hearing
within seven days of your arrest, to contest the
seizure and suspension of your license and driving
privileges before an before an Idaho Transportation
Department Hearing Officer.
If you fail to request a hearing within the
seven-day time period or do not prevail at the
requested hearing, your license will be suspended for
90 days on a first offense (you may be eligible to
receive a restricted driving permit for the last 60
days of your suspension). A second or subsequent
offense within five years will result in a one-year
suspension, with absolutely no driving privileges of
any kind.
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Idaho DUI Court Case
Idaho has both a "per se" law, and an
"under the
influence" law. This means that a person can be
arrested and convicted of violating
Idaho drunk
driving laws if they are driving with a
blood alcohol
level of .08% or higher, or if they are under the
influence of alcohol. It is possible to be impaired by
alcohol and still be below the legal limit. Evidence
to support such a conviction will come from the
arresting officer's observations of
driving pattern,
physical appearance, field sobriety test performance,
and other factors.
Punishments in Idaho drunk driving cases are listed
below. Note that these punishments may be increased in
certain Idaho DUI cases, such as where the alcohol
level is .20% or higher. Also note that Idaho has a
five-year
"washout" period, meaning that the DUI
arrests must occur within five years of each other to
be considered a second- or third-offense under Idaho
DUI law.
 DUI First Offense
- Up to $1,000.00 fine
- 2 days to 6 months jail
- Suspend driver's license for 180 days with at
least the first 30 days absolute and the remainder restricted
- Obtain an alcohol evaluation
- Follow the recommendation of evaluation
- Attend Victims' Panel
- 1 to 2 years probation - may be supervised.
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DUI Second Offense
(within a five year period)
- Up to $2,000.00 fine
- 10 days to 1 year jail
- 1 year absolute license suspension
- Obtain an alcohol evaluation
- Follow the recommendation of evaluation
- Interlock device on car for 1 year after
driver's license suspension ends
- 2 year probation - usually supervised.
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DUI Third Offense
This will be a felony if it is received within 5
years of the first offense OR within 10 years of a
prior felony DUI
- Up to $5,000.00 fine
- 30 days to 5 years incarceration
- Suspend driver's license for 1 to 5 years with at
least the first year absolute
- Supervised felony probation.
If driving while your license is suspended in Idaho, Driving Without Privileges (DWP) charges may be filed. This is a separate misdemeanor offense, and may also result in fines and jail time. You may discuss your legal options with a qualified Idaho DUI attorney by completing a FREE Consultation Questionnaire.
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