Drunk Driving Defense Laws in Idaho

Getting pulled over and arrested by a police officer on drunk driving charges can be a frightening experience for Idaho drivers. However, the experience of getting arrested and taken to jail is not the worst of what you will have to deal with. If you are accused of DUI in Idaho, understanding the local DUI laws can help you find a knowledgeable Idaho DUI defense attorney to help resolve your case.

Idaho Drunk Driving Laws

Idaho law prohibits driving or being in actual physical control of a vehicle while under the influence of alcohol or substances or with a BAC of .08% or more. The BAC threshold for commercial drivers is .04% and .02% for drivers under 21 years of age. Even sitting in the driver’s seat of a running vehicle without driving may be considered a DUI in Idaho.

Implied Consent: Yes

Enhanced Penalties: BAC of .20% or more; child endangerment, prior conviction, accident causing great bodily harm or death

First-offense is a misdemeanor punishable by up to six months imprisonment, fines up to $1,000, a mandatory minimum license suspension of at least 30 days up to 150 days, an ignition interlock device (IID) upon license reinstatement, and alcohol evaluation and treatment. If you have a BAC of .20 or more on a first-time offense you can face greater penalties of a minimum of not less than (10) days imprisonment and may face up to a year in jail and have to serve a minimum of (48) hours of in jail.

Second offense is a misdemeanor if it occurred outside of ten years and has a mandatory minimum imprisonment period of not less than ten (10) days, the first forty-eight (48) hours of which must be consecutive, and five (5) days of which must be served in jail, fines up to $2,000, and a one-year license suspension

Those convicted of a second offense within 10 years of a prior conviction or three or more offenses may be charged with a felony. This offense is punishable by up to five 10 years imprisonment, $5,000 in fines, a one to five-year license suspension with no restricted license available, an ignition interlock device upon license reinstatement, and alcohol evaluation and treatment.

DUI Penalties in Idaho

In the state of Idaho, it is illegal to operate a motor vehicle if your blood alcohol level is 0.08 percent or higher. Idaho is also considered to be a zero-tolerance state for underage DUIs, which means any driver under the legal drinking age will be considered DUI if their blood alcohol level is over 0.02 percent. There are increased penalties in Idaho for drivers with a blood-alcohol level of over 0.20 percent.

Due to the stiff and often life-altering consequences of a DUI conviction, Idaho residents may wish to contact a qualified DUI attorney to defend themselves against their charges. A DUI attorney will inform you of your rights and options and help you to create the best defense strategy to suit your needs.

Defenses Against a DUI Conviction in Idaho

Those accused of drunk driving will have the right to a criminal defense. Your criminal defense attorney can investigate the facts of your case to challenge the arrest, chemical test results, or the basis for the traffic stop. In some situations, your attorney may be able to negotiate a plea bargain agreement to reduce the penalties of a DUI conviction.

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