In the state of Idaho, you can be arrested for a DUI offense based on one of two theories. First, you can be arrested if you appear to be under the influence of alcohol or drugs. This can be based on your field sobriety test results, driving pattern, appearance, and other evidence at the time of your arrest. The amount of alcohol in your blood will not matter if you are arrested under the "under the influence" law.
However, you can also be arrested based on your blood alcohol content (BAC) alone. Under Idaho's "per se" law, you cannot drive with a BAC of .08% or higher. If you do, you are guilty of DUI. According to the alcohol laws in Idaho, you must be 21 years old in order to consume the alcohol. Idaho state has limit of maximum BAC level (.08) which should be the criteria when the drivers get arrested of DUI, if the evidence is showing over this limit.DUI Arrests in Idaho
When you are arrested for DUI in the state of Idaho, you will face two separate cases, one in the criminal courts and one with the Idaho Transportation Department. Having an attorney working with you on your case is essential if you want to receive the least amount of consequences. At your criminal court case you will face most of your consequences, such as jail time and fines.
At the Idaho Transportation Department hearing, you will find out how long your license will be suspended. However, you will not automatically receive the ITD hearing. You have to request it within 7 days of your arrest. If you do not make the request properly or on time, you will lose your license without the chance to have a hearing. This is the reason that it is so important to work with an experienced DUI lawyer.
Idaho has an implied consent law, 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.Basic Consequences for First Time Offenders
If the DUI conviction you face is your first, this is what you can expect to be handed at your criminal court case:
Idaho has a five-year washout period for DUI convictions. This means that a prior DUI conviction is only considered if it was within the last five years. If you have a DUI conviction that is over five years old, you will be treated as a first-time offender.License Suspensions for Idaho DUI
Your Idaho DUI conviction will also bring license suspensions from the IDT. You can expect the following suspension times based on the number of DUI offenses you have within the past five years:
If you are facing your first DUI conviction, you can have a restricted license after serving the first 30 days of your suspension time. Failure to submit to the BAC test will add an additional 180 days to a first-time offense.Insurance Consequences
Your insurance rates will increase dramatically as a result of your Idaho DUI conviction. You may even lose your insurance coverage completely. If you decide to look for a new insurance provider, you will quickly find that most of them are hesitant to insure drivers with DUI convictions on their records.