First Offense DUI in Idaho

In Idaho, DUI is an acronym for Driving Under the Influence. The state law considers it a DUI when a driver's cognitive ability and body coordination are significantly affected by intoxicating substances like alcohol and drugs. The state law also sets limits for the percentage of intoxicating substances in a driver's bloodstream.

DUIs are crimes that carry severe penalties even though they are classified as misdemeanors. For instance, offenders may get more than a year's license suspension, pay fines, or attend compulsory correctional programs. Note that the penalties still apply even if there are no prior convictions for the offense.

Besides state-enforced penalties, offenders may end up in financial or legal debt as a result of having a DUI on their criminal records. Examples of such consequences include the following:

• Payments to install and maintain ignition interlock devices for the duration of the license suspension.
• Higher auto-insurance premiums since offenders are regarded as high risks to insurance companies.

DUIs have severe penalties since they often lead to loss of life or property. For this reason, Idaho DUI laws impose these penalties to reflect the state's commitment to public safety.

What Qualifies as a First DUI in Idaho?

Per Title 18-8004 of Idaho Statutes, it is considered a first DUI if it meets the criteria:

• The offender has no prior DUI conviction.
• The offender is under the influence of a drug that impairs their ability to drive.
• The offender's blood alcohol concentration (BAC) exceeds 0.08%. Note that this only applies to personal vehicle drivers. The BAC limit is much lower for commercial drivers and persons under 21. For instance, the limit is 0.04% and 0.02% for commercial and underage drivers, respectively.

BAC measures alcohol in 100 cubic centimeters of blood, 67 milliliters of urine, or 210 liters of breath. Officers use chemical tests like breathalyzers, urine, and blood to determine the BAC percentage. In addition, officers may conduct field tests like the walk-and-turn to determine if a driver is intoxicated.

Possible Penalties for a First Offense DUI in Idaho

Under 18-8004 of Idaho Code, first-time DUI offenders may face these penalties:

• A maximum of a six-month jail term.
• Fine payments up to $1,000.
• A 30-day suspension of all driving privileges, followed by 60 to 150 days of limited driving privileges.

Do You Lose Your License for a First DUI in Idaho?

In Idaho, you don't automatically lose your license after an arrest for driving under the influence. The arresting officer will notify you of the intention to suspend your license 30 days after the arrest. Within seven days after the arrest, the offender must appeal the license suspension by requesting an administrative hearing.

Convicted persons will lose all driving privileges for 30 days post-court conviction. After 30 days, they may apply for a conditional driver's license, which requires installing an ignition interlock device.

Note: Arresting officers will automatically suspend your driving license if you refuse to take the chemical test.

What Is the Implied Consent Law in Idaho, and How Does It Affect First DUI Cases?

Under Idaho's Implied Consent Law, all persons who drive in the state are deemed to have granted consent to chemical tests for DUI charges. It also means you have waived all rights to consult with an attorney before taking the test. That being said, the state law penalizes parties who refuse to take the test. For instance, the state will suspend their driver's license and withhold driving privileges for one year. The state may also impose a $250 civil penalty.

Arresting officers will immediately enforce the license suspension if the offender refuses to take the test. To avoid the one-year license suspension, offenders must request a hearing within seven days of arrest. The court will then schedule a hearing and determine whether to uphold or dismiss the suspension. If convicted, offenders must complete the court-mandated program and 45 days of absolute suspension of driving privileges.

Is an Ignition Interlock Device Required for a First DUI Offense in Idaho?

Generally, you must install an ignition interlock device after completing the 30-day absolute suspension of driving privileges. First-time offenders must install and maintain the device during the one-year license suspension. Note that the IID installation applies to all persons convicted of DUI offenses. Per Idaho laws, offenders are responsible for all costs incurred while installing and maintaining IIDs.

Can a First DUI Be Dismissed or Reduced in Idaho?

Yes. First-time DUI offenders can make a plea bargain to reduce the charges. To reduce the charges, your attorney can make a plea bargain to reduce the DUI to wet reckless, which has less severe penalties like lower fines and less jail time.

First-time DUI offenders have a higher chance of getting the charges reduced since they have no prior conviction for the offense. It will also help your case if the BAC was below or slightly above the legal limit.

Conversely, you can get your charges dismissed by providing evidence that the arresting officers did not follow standard arrest procedures or that there was no probable cause for the arrest. In addition, completing a court-mandated diversion program can help dismiss the case.

Long-Term Consequences of a First DUI

DUI convictions remain visible in criminal background checks and may lead to these long-term consequences:

• Higher auto insurance premiums.
• Limited job opportunities in companies that require employees to have a driver's license.
• May affect future job applications in specific industries.
• Financial burden due to IID installation and maintenance.

Do You Need a DUI Attorney in Idaho?

Yes, you need to hire a DUI attorney to help navigate Idaho's complex DUI laws. The attorney will gather evidence about the case and may push for case dismissal or reduced charges. In addition, the attorney will ensure your rights and concerns are protected during the case proceedings.