The state of Idaho is very strict about the DUI laws and you will be arrested for DUI if your blood alcohol concentration of 0.08 percent and more. This legal limit is followed by most of the states of the US. However, the laws are stricter in Idaho especially for drivers of commercial vehicles and minor drivers under the age of 21.
Penalties for DUI in Idaho
If you are arrested for DUI in Idaho you will have to face two different statutes which are criminal courts and Idaho Transportation Department. It is advisable to hire an Idaho DUI attorney who can help you with the case and enable you to get reduced penalties. The Idaho Transportation Department will have a hearing where it will decide the duration of suspension of your license. You have only 7 days to request for such a hearing after you are arrested. However, if you do not ask for a hearing within the 7 days, then your license will be suspended. This makes it even more important that you hire an Idaho DUI lawyer.
Idaho also follows the implied consent law according to which every driver who apply for a driver license should consent to have a BAC test when asked for by the law enforcement officials. However, if you do not adhere to the implied consent law, then your license will be automatically suspended at the time of the arrest. Moreover, your penalties will also be which states that every driver is implying consent to have a BAC test if requested. You can refuse the test, but you will automatically lose your license at the time of your arrest if you do. You will also face stricter penalties at your IDT hearing.
The first DUI offense in Idaho will lead to penalties like:
- Fines up to $1,000
- Jail time between 2 days and 6 months
- Alcohol evaluation and potential treatment
- Victims Panel attendance
- Probation for 1 to 2 years
The state of Idaho also follows the five-year washout period which indicates that the earlier DUI will last for a period of 5 years. If you are convicted again within this period, then it will be considered as second conviction. However, if you are convicted after five year, then it will be considered as a first offense.
License suspension in Idaho
Apart from the various penalties, you will also face license suspensions from the IDT. The duration of suspension for the number of offenses within five years include:
- First offenders: 180 days
- Second offenders: 1 year
- Third offenders: 1 to 5 years
Hiring an Idaho DUI attorney can help in reducing penalties as well as the duration of license suspension. However it is important to hire an experienced and well qualified attorney.
Originally posted 2016-12-11 14:48:03.