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Idaho DUI Laws Penalties And Fines
Idaho Driving Under the Influence (DUI) Laws
Drunk driving offenses are regulated by state law, and different states have different names for them, like Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Operating Under the Influence (OUI), Operating While Intoxicated (OWI), and others. In Idaho, drunk driving is called Driving Under the Influence (DUI). Here is some basic information about Idaho DUI laws:
Definition of Intoxication:
Under Idaho drunk driving law, Idaho Driving Under the Influence (DUI) may be proved two different ways:
1. With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances, to the extent that your normal faculties were impaired; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Idaho drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in Idaho:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher
- Under 21 Driver – DUI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DUI in Idaho is to have someone else drive. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had. In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Consequences of a DUI Offense in Idaho
The penalties for a drunk driving conviction in Idaho are serious, and they become even more severe with repeat offenses. A DUI conviction in Idaho remains on your record for ten (10) years, for purposes of calculating repeat offense levels. A DUI with a BAC of 0.20 or more, or while driving with a minor passenger, also produces more serious punishments.
The arresting officer confiscates an Idaho DUI arrestee’s driver’s license immediately, pending a suspension hearing. An administrative suspension by the state occurs automatically, and it is separate from any court-ordered suspension resulting from an Idaho DUI conviction.
Drivers convicted of a first offense Idaho DUI can apply for a hardship license for business or employment purposes, when a 30-day period of ineligibility has passed, following the date when the driver’s license was first suspended.
If you are granted a hardship license in Idaho, you must pay to equip your vehicle with an Ignition Interlock Device (a device that takes a breath sample from you and prevents your car from starting, if you have any BAC). Hardship licenses are not available to second offense or higher offenders or to those who refuse to take a BAC test in Idaho.
