If you were arrested for an Idaho DUI, an officer believed that you were operating a motor vehicle under the influence of alcohol and/or drug(s) to the extent that your motor skills, mental faculties and reaction times were so impaired that you were unable to operate that motor vehicle safely. Driving with a blood alcohol content of .08% or greater is considered per se, or automatically, driving under the influence of alcohol.
When you are arrested for a Idaho DUI, two separate cases start. There is the criminal court case, which determines fines, jail time, community service, and other similar items. There is also the administrative side with the Idaho Transportation Department, which determines your licensing issues and can determine your DUI school.
IMPORTANT: IDAHO LAW STATES THAT YOU HAVE 7 DAYS FROM YOUR ARREST FOR YOUR ATTORNEY TO REQUEST A DRIVER’S LICENSE HEARING WITH THE IDAHO TRANSPORTATION DEPARTMENT. It is crucial that you or your attorney requests this hearing – in writing, and faxed, mailed or personally delivered – to avoid further problems with your driver’s license, including an automatic 90 day suspension of your driver’s license.
IDAHO DUI PENALTIES
If you are convicted of your first Idaho DUI, you can expect to pay up to a $1000 fine and be subjected to other various financial penalties, depending on your circumstances. Another penalty you can face is jail time, anywhere up to six (6) months. If your BAC is found to be in excess of .20%, your minimum jail time for a first offense DUI is increased to 10 days. Your license, on a first offense, will be suspended anywhere from three (3) months to (6) months.
IDAHO DUI LAWYER
A DUI arrest is not a DUI conviction. Idaho DUI attorneys defend DUI offenses and drunk driving cases in Idaho. A good Idaho DUI attorney or criminal defense attorney will be able to assist you with the two separate cases that you’re facing and offer DUI defense strategies. They will be able to handle both the criminal DUI charges and the administrate case with ITD regarding a license suspension or revocation.
GENERAL IDAHO DUI INFO
If you are convicted of an Idaho DUI, in addition to fines and penalties, you will also be required to attend a DUI victim’s panel an alcohol evaluation in order to restore your license by the Idaho Transportation Department. In Idaho, you will have your license suspended for 90to 180 days if convicted on a first offense. In some instances, your attorney will be able to argue for a restricted license after you’ve had a 30 day “absolute” suspension.
Another penalty that is often overlooked is your driver’s insurance. If you’re convicted of an Idaho DUI, you will have to get what is called an SR-22 Insurance.
IMPORTANT NOTE: Idaho has a “wash-out period” – which means if you get a 2nd Idaho DUI within 5 years of your first, you will be charged as a second-time, repeat offender.