IDAHO DUI LAWS
Idaho has both a “Per Se” law and an “Under the Influence” law. This means you can be convicted of DUI by the state proving either (or both) of the following:
a) “Per Se” Law – You are in actual physical control of a motor vehicle and your blood alcohol content (BAC) is a .08 or above or if you are under 21 and your BAC is .02 or above. (If you are driving a commercial vehicle BAC .04 or above).
b) “Under the Influence” Law – if the State does not obtain a BAC, then the State may still convict you of a DUI, if they can prove that you are under the influence of alcohol, drugs or any intoxicating substances such that it affects (impairs) your ability to drive the motor vehicle. Evidence to support this theory will come from the arresting officer’s observation of driving pattern, physical appearance, standardized field sobriety tests and other factors.
c) Prohibited Vehicular Activity (Actual Physical Control): “... being in the driver’s position of the motor vehicle with the motor running or with the motor vehicle moving.”
d) Covered Locations: “within this state, whether upon a highway, street or bridge, upon public or private property open to the public” or “on the waters of the State of Idaho”. For operating an aircraft while under the influence – “within this state, whether upon an airport or body of water, or in the airspace over this state.”
PENALTIES
DUI First Conviction (misdemeanor):
> Jail sentence of not to exceed six (6) months;
> Fine not to exceed $1,000;
> License suspension not to exceed 180 days, with the first 30 days being absolute and thereafter the driver may apply for a restricted permit to drive for work purposes, medical reasons, etc.;
> Alcohol evaluation
DUI Second Conviction (within a ten year period)–(misdemeanor):
> Jail sentence of not less than 10 days, the first 48 hours of which must be consecutive, and 5 days of which must be served in jail and may be sentenced to not more than 1 year;
> Fine not to exceed $2,000;
> 1 year license suspension after release from jail with no restricted privileges;
> Alcohol evaluation;
> After 1 year license suspension, can only drive a vehicle equipped with a functioning ignition interlock device.
DUI third conviction (felony):
> Jail sentence for a period not to exceed 10 years in the state penitentiary, mandatory minimum of 30 days in the county jail, the first 48 hours must be consecutive and 10 days must be served in jail;
> Fine not to exceed $5,000;
> License suspended for a minimum period of one year after release from imprisonment and up to 5 years during which time he/she shall have absolutely no driving privileges of any kind;
> Interlock device;
> Alcohol evaluation
Under 21 DUI (first offense):
Fine not to exceed $1,000;
> License suspension up to one year with minimum of 90 day, during which time no restricted privileges;
> Alcohol evaluation
Under 21 DUI (second offense):
> Minimum 5 days in jail, not to exceed 30 days;
> Fine not less that $500, but not to exceed $2,000
> Driving privileges suspended for a period not to exceed 2 years, with minimum 1 year, with no restricted driving privileges;
> Interlock device after 1 year minimum absolute suspension;
> Alcohol evaluation
*** Misdemeanor enhancement if your BAC is a .20 or above, you will receive the second offense penalties.
OTHER PROVISIONS
Implied Consent Laws:
BAC Tests permitted:
> Blood
> Breath
> Urine
Choice as to test to be given under implied consent law is the police officer’s. Matter of Griffiths, 113 Idaho 364, 770 P.2d 817. If the suspect is requested to submit to a breath test, he may also be requested to a second test of blood or urine, if the officer has reasonable cause to believe that the suspect was under the influence of a drug.
Type of advisement required:
Of implied consent, law requirements set forth in Idaho Code § 18 8002(3); of penalties for refusing testing; information given must be in strict compliance with statutory language.
If you refuse to take a breath, urine or blood test you receive the following penalty:
Penalties for refusal:
> 1 year absolute license suspension for first refusal, plus $250 civil penalty;
> If determined to be second or subsequent refusal in 10 year period, 2 year license suspension.
Admissibility of refusal:
> Usually admissible
Chemical Test Law:
“Analysis of blood, urine, or breath for the purpose of determining the alcohol concentration shall be performed by a laboratory operated by the Idaho State Police under the provisions of approval and certification standards to be set by that department, or by any other method approved by the Idaho State Police.”
Blood-Drawing Statute:
When a person submits to a blood test, only a licensed physician, qualified medical technologist, or registered nurse, phlebotomist trained in a licensed hospital or educational institution or other medical personnel trained in a licensed hospital or educational institution may withdraw blood for the purpose of determining the alcohol content.
Independent Test Statute:
“After submitting to evidentiary testing he/she may, when practicable, at his own expense, have additional tests made by a person of his own choosing. The failure or inability to obtain an additional test or tests by a person shall not preclude the admission of results of evidentiary testing for alcohol concentration or for the presence of drugs or other intoxicating substances taken at the direction of the peace officer, unless the additional test was denied by the peace officer.”
ADDITIONAL ADMINISTRATIVE PENALTIES
Separate from the Court proceedings the Department of Transportation will take action against your license as follows:
Administrative Per Se Law: If BAC is 0.08 percent or greater, the Idaho Department of Transportation will suspend your license separate and in addition to the Court proceeding's suspension.
Periods of Suspensions under Administrative Action:
90 days: for first failure of evidentiary testing, but you may request restricted noncommercial vehicle driving privileges after the first 30 days.
1 year: for second failure of evidentiary testing within 5 years.
Commercial Driver's License (CDL) will be suspended for 1 year or more.
Administrative Hearings: Any person, who has received a notice of intended suspension, may request a hearing on the matter within 7 days of receipt of that notice. Within 28 days of the issuance of the hearing results, a person aggrieved by the determination of the hearing shall have the right to file a petition in the district court for judicial review.