DUI charges in the state of Idaho are very serious. A conviction can mean the loss of your license, jail time, fines, and more. Even for a first offense DUI, you need a skilled defense lawyer to represent you.
Experienced Boise DUI Defense
Our experience at providing DUI representation, along with our skill at navigating the court system, allows us to provide you with the best possible outcome for your case. We listen to your situation without judgment and provide you with our expert advice on the best steps to take to protect your rights and defend yourself against prosecution for DUI charges.
If You've Been Charged with a DUI in Idaho, Call 208-644-8893 or Use Our Contact Form to Schedule a Free DUI Case Review in Boise, Idaho.
DUI Laws in Idaho
DUI stands for "Driving Under the Influence." It is often colloquially known as "drunk driving," but alcohol doesn't have to be involved to be charged with this crime. A driver under the influence of any intoxicating substance can be charged with a DUI.
You can be charged with DUI in Idaho if you in actual physical control of a vehicle and your blood-alcohol content (BAC) is 0.08 percent or greater if you're over 21, and just 0.02 percent if you're younger than that. If you're a commercial driver, the limit is just 0.04 percent, even if you're over 21.
The term "actual physical control" means that you are in the driver's seat of the vehicle either while it is moving or while the motor is running. That last part means that you can be charged even if you're just sitting in the vehicle while it is idling, or if your vehicle is somehow moving while the engine is off.
Penalties if You're Found Guilty of DUI in Idaho?
Possible jail time and fines depend on how many offenses you have already been convicted of for DUI. If this is your first offense DUI in Idaho, you're looking at up to 6 months in jail unless your BAC was over 0.20 percent. In that case, you face up to a year behind bars. Fines have a related BAC cutoff: Up to $1,000 if your BAC was under 0.20 percent, and up to $2,000 if it was over. In either case, for a 1st offense DUI, you also have to have your car fitted with an ignition interlock device for a year.
If this is your 2nd DUI offense, jail time goes up to a maximum of 1 year for BAC under .20 percent, and up to 5 years if it's over that amount. Fines for Second Offense DUI's also increase, to $2,000 (BAC under .20) or up to $5,000 (BAC over .20).
Utah DUI Laws
As mentioned, the graduating levels of DUI classifications in Idaho come with increasing penalties for the first, second, and 3rd DUI in Idaho. In most Idaho DUI cases, the punishments are determined by the total number of DUI convictions a driver has had within the past ten-year period.
Here's a closer look at the breakdowns of the levels of DUI offenses and the potential penalties for each under Utah law:
|1st Offense DUI||2nd Offense DUI||3rd Offense DUI|
|Jail Time||Maximum of 6 months|
Or 10 days to a maximum of 1 year if your BAC is 0.20% or higher
|10 days to a maximum of 1 year|
Or 30 days to a maximum of 5 years if your BAC is 0.20% or higher
|From 30 days to a maximum of 10 years|
|Fine||Up to a maximum of $1000|
Or $2000 if your BAC is 0.20% or higher
|Up to a maximum of $2000|
Or $5000 if your BAC is 0.20% or higher
|Up to a maximum of $5000|
|Suspend License||90 to 210 days|
Or 1 year if your BAC is 0.20% or higher
|A minimum of 1 year|
Or a minimum of 1 to a maximum of 5 years if your BAC is 0.20% or higher
|From 1 to 5 years|
|Ignition Interlock||1 year||A minimum of 1 year||A minimum of 1 year|
Aggravated DUI and Excessive DUI
An Aggravated DUI is an act of DUI that causes an injury or death. An “Excessive DUI” is a DUI crime in which the driver has a BAC of 0.20%. A DUI conviction in a case that involves both an aggravated DUI and an excessive DUI together carries “enhanced” penalties. That means the sentencing for this level of DUI crime can be much more extreme than for lesser levels of DUI offenses. The extent of punishment in these cases is partly based on the amount of harm caused to the victim.
Refusing the Breath or Blood Alcohol Test
Idaho has an implied consent law which makes it mandatory for all drivers arrested for the crime of DUI to provide a breath, urine, or blood test to determine their blood alcohol content. Drivers who refuse to submit to a legally required sobriety test face a potential fine of $250, suspension of their driver’s license, and an ignition interlock device requirement.
Further, the refusal to cooperate with the required blood alcohol content test may be viewed as evidence of guilt. It can be presumed to indicate that the defendant was aware that his/her BAC was over the Utah DUI limit at the time of the request for the test.
Mandatory Evaluation for Substance Abuse
If you are convicted of DUI in Idaho, you will be required to submit to an assessment to determine which form of treatment for alcohol abuse is indicated in your case. You may be required to attend classes or participate in a therapeutic program. A judge will review the assessment results and issue a court order compelling you to complete all treatments determined appropriate in your case.
Restricted License Eligibility
After your first DUI conviction, you may qualify for a restricted driver’s license after the first 30 days of your suspension. The restricted license is contingent on having an ignition interlock device installed in your vehicle. The restricted license usually limits the driver to driving only for work and health reasons. Second- and third-time offenders can petition for a restricted license after their first 45 days of suspension. But, they are required to show they’re active in Idaho state substance abuse treatment and that they’re in good standing in that program.
A 3rd+ offense in Idaho is a felony DUI. At this point, the BAC divide disappears, but potential penalties spike. You can spend up to 10 years in jail and pay up to $5,000. As you might expect, you'll also have to use an ignition interlock device for a set period of time.
For all levels of convictions, license suspensions are also meted out. These increase depending on how many prior offenses are on your record.
Participation in court-ordered substance abuse programs may also be required. You will have to submit to an evaluation to determine if such participation will be needed.
Charged with DUI in Idaho? Schedule a Free Consultation With The Best DUI Attorney Boise Has To Offer
No matter how great your reputation is or how much you believe the evidence points to your innocence, you can still be convicted. Your freedom, finances, and lifestyle are all in grave danger if you are found guilty.
Boise DUI Defense
Having an experienced Boise DUI Attorney like the Sawtooth Defense Lawyers at your side is essential. The right law office can help you retain your freedoms and lifestyle. Call an expert Boise DUI Defense Attorney at (208) 644-8893 today or fill out our online contact form to set up a free DUI case review.