• Login / Register
    User Sign in

    User Sign Up

    Forget Password?
DUI.Attorney
  • Home Page
  • About Us
  • Members
  • DUI/DWI Law
  • Bail Bonds
  • Contact Us
  • Have a Former Prosecutor Defend Your Rights
  • Join Us
  • Search By State
  • DUI/DWI FAQ
  • Consequences of Conviction
  • DUI/DWI Law
  • Common Penalties
x88464
Arizona-DUI-1024x576
arrest-attorney
knox_county_courthouse_nebraska_courtroom_1
banner
h-banner3.jpg
banner-1-960x330

Idaho DUI/DWI Laws

Click your County to find your FORMER PROSECUTOR Now!

Quick Overview of Penalties for DUI/DWI

  • BAC Percentage for Increased (Aggravated) Penalty – .20
  • License Suspension for 1st Offense – Yes
  • Limited Driving Privileges During Suspension – Yes
  • Ignition Interlock – Possibility (at the discretion of the judge)
  • Vehicle and License Plate Sanctions – None

General State Information

  • State Penal Code – ID Statutes section 18-8004
  • Open Container Laws – None
  • Repeat Offender Laws – Yes
  • Check Points – None (illegal under state law)
  • Alcohol Exclusion Laws Limiting Treatment – Yes

Understanding DUI/DWI Penalties

There are four main factors that determine the severity of the penalties incurred:

  1. The age of the driver
  2. The substance impairing you. This may be drugs, or alcohol, or both
  3. The category of your driver’s license (Restricted, CDL)
  4. Whether you refused a chemical test

Chemical Test Refusal

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Idaho are:

 

1st Refusal

  • 1 year license suspension
  • $250 fine

2nd Refusal

  • 2 year license suspension
  • $250 fine

3rd Refusal

  • 2 year license suspension
  • $250 fine

Lookback Period

  • In Idaho the lookback period is 5 years
  • Any arrest for DUI/DWI within 5 years of your first offense results in higher penalties

Zero Tolerance

Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
A BAC of .08% and above will result in the same penalties as drivers 21 and over

Penalties for Underage Drivers (under 21)

1st Offense

  • 1 year license suspension
  • $1000 fine (maximum)

 

2nd Offense

  • license suspension (1 year minimum, 2 year maximum)
  • $500 – $2000 fine
  • Prison (if BAC is between .02% – .05% = 5 to 30 days, if BAC is above .08% = 10 days to 1 year)

DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)

1st Offense

  • license suspension (90 day minimum, 3 month maximum)
  • $1000 fine (maximum)
  • Prison (6 month maximum sentence)

 

2nd Offense

  • mandatory 1 year license suspension
  • $2000 fine (maximum)
  • Prison (10 day minimum, 1 year maximum)
  • Installation of Ignition Interlock Device

DUI/DWI Penalties/Alcohol/Drug related (Aggravated)

1st Offense

  • mandatory 1 year license suspension
  • $2000 fine (maximum)
  • Prison (10 day minimum, 1 year maximum)

 

2nd Offense

  • mandatory 1 year license suspension (up to 5 years maximum)
  • $5000 fine (maximum)
  • Prison (30 day minimum in county jail, 5  year maximum in the state penitentiary)
  • Installation of Ignition Interlock Device

CDL Drivers (Commercial)

  • Those with a commercial driver’s license (CDL) are held to a stricter standard
  • Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
  • An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
  • A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL.

SR-22 Insurance Requirements

  • SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
  • Most, but not all states have SR-22 statutes
  • In Idaho an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
  • You must maintain your SR-22 for 1 year following the restoration of your driving privileges
  • Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

Wet Reckless

  • Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
  • Idaho does allow for plea bargains in DUI/DWI cases
  • This allows you to avoid a criminal record
  • Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
  • The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
  • This plea bargain is typically only allowed for first time offenders with no aggravating factors involved
  • Ada
  • Adams
  • Bannock
  • Bear Lake
  • Benewah
  • Bingham
  • Blaine
  • Boise
  • Bonner
  • Bonneville
  • Boundary
  • Butte
  • Camas
  • Canyon
  • Caribou
  • Cassia
  • Clark
  • Clearwater
  • Custer
  • Elmore
  • Franklin
  • Fremont
  • Gem
  • Gooding
  • Idaho
  • Jefferson
  • Jerome
  • Kootenai
  • Latah
  • Lemhi
  • Lewis
  • Lincoln
  • Madison
  • Minidoka
  • Nez Perce
  • Oneida
  • Owyhee
  • Payette
  • Power
  • Shoshone
  • Teton
  • Twin Falls
  • Valley
  • Washington
banner
h-banner3.jpg
banner-1-960x330
banner
h-banner3.jpg
banner-1-960x330
banner
h-banner3.jpg
banner-1-960x330
  • Join Us
  • Find a DUI.Attorney Former Prosecutor Now!
  • Join Us
  • Military DUI Justice
  • Field Sobriety Testing
  • Look Back Period
  • SR-22 Insurance
  • Vehicle Confiscation

DUI.ATTORNEY Recent Blog Posts

J-E-T-S…..D-U-I
J-E-T-S…..D-U-I
  • Posted on November 19, 2018
  • by John Aguilera
TKO by DUI
TKO by DUI
  • Posted on October 17, 2018
  • by John Aguilera
Dram Shop Act cited in Berman Crash
Dram Shop Act cited in Berman Crash
  • Posted on September 12, 2018
  • by John Aguilera
Red Card!
Red Card!
  • Posted on August 19, 2018
  • by John Aguilera

Categories

  • Blog
  • Celebrity
  • Legal
  • Medical
  • Military
  • national
  • News
  • Politics
  • Press Releases
  • State
  • Technology
  • Weird
  • Welcome!

Archives

  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016

Contact Us

Corporate Office

FORMER PROSECUTORS INC.

  • Info@DUI.ATTORNEY

FORMER PROSECUTORS

  • Join Us
  • Pre-Qualifying Form
  • Members
  • Attorneys Directory
  • Military Prosecutors (JAG)

PROTECT YOUR RIGHTS

  • Know Your Rights
  • Former Prosecutor Advantage
  • During the Stop
  • Field Sobriety Testing
  • Breathalyzer Test

Important Information

  • DUI/DWI FAQ
  • DUI/DWI Laws By State
  • United States Interactive Map
  • DUI/DWI Consequences of Conviction
  • DUI/DWI Law
DUI.Attorney

© 2015 DUI.Attorney