DUI & DWI in Idaho
One of the first things most people think of when they are arrested for DUI is “I need to find a good Idaho DUI attorney.” If this is what you’re thinking, you’re right. A strong defense is required. After all, your entire future may be riding on the outcome of your DUI case.
Here are your answers to questions about:
- Idaho DUI Laws
- Idaho DUI Punishments
- Potential DUI Defenses
- Idaho’s Other Drunk Driving and Alcohol Laws
- How to Find an Idaho DUI Attorney
If you have questions about your individual situation, your drunk driving defense attorney will be happy to provide the information you need for your case.
When is a Driver Considered to be Legally Drunk in Idaho?
Idaho DUI Laws are found in The Idaho Statutes.
Like every other state, Idaho prohibits drunk driving to protect individuals and society. Here’s the Idaho blood alcohol content (BAC) statute summary:
- If you’re a non-commercial driver – age 21 or older-you’ll be arrested for drunk driving if your BAC is .08 or higher.
- If you’re a commercial or school bus driver, you’ll be arrested for driving drunk if your BAC is .04 or higher.
- If you’re underage, it’s illegal to be drinking and you’ll be arrested for drunk driving if you have a BAC of .02 or higher.
What is Idaho’s Punishment for DUI Convictions?
Enhanced penalties will be handed down if your BAC is .20 or more or if you hurt someone seriously.
We’ve listed the “normal” DUI penalties that are normally handed down with a BAC of .08 or higher – and no serious injuries.
- 1st Conviction: Jail up to 6 months – fines up to $1,000 – driver’s license suspension for30+days- loss of commercial license.
- 2nd Conviction within 10 years: Jail up to 1 year-fines up to $2,000 – driver’s license suspension for up to 1 year – ignition interlock – loss of commercial license.
- 3rd Conviction within 10 years: Jail up to 10 years-fines up to $5,000 – driver’s license suspension for up to 3 years- ignition interlock – substance abuse assessment and plan of action – loss of commercial license.
Idaho Drunk Driving Defenses
While it may feel as though you are doomed the moment you see those flashing red lights behind you, not all DUI charges stick. The police may have made a mistake or other mistakes may have been made.
Your DUI defense lawyer will consider DUI defenses such as these:
- The police lacked probable cause for original traffic stop.
- The police roadblock was improper.
- Proper Breathalyzer, blood testing, or arrest procedures were not followed.
- The trial judge made an error during your trial.
Idaho’s Other Drunk Driving and Alcohol Laws
Idaho’s Dram Shop Act
An injured person can successfully sue a licensed drinking establishment that serves an intoxicated or underage person, causing injury.
Idaho’s Providing Alcohol to Underage Persons Law
In Idaho, it’s illegal for anyone over the age of 18 or a licensed drinking establishment to provide alcohol to underage persons.
- First time penalties include jail up to 1 year and fines between $500 and $1,000.
- Subsequent violations are subject to a jail time of up to 1 year and fines of $1,000 to $2,000.
- A licensed drinking establishment may lose its license for up to 6 months.
How to Find an Idaho DUI Attorney
You are entitled to a defense and you definitely need a strong and strategic defense. If you’ve been arrested, never go it alone. To find an Idaho DUI lawyer to help you, you can search our website, www.attorneys.org, or ask friends or the bar association for a referral.