If you are driving in the state of Idaho, it is very important for you to keep in mind that you may have to face certain Idaho drunk driving penalties if you are driving with a blood alcohol content of 0.08 or above. The BAC limit for minors (under 21) is 0.02; for commercial drivers, it is 0.04.
Implied Consent Law
As per the Implied Consent Law applicable in Idaho, if you are stopped under the suspicion of drunk driving and ask to take chemical test or urine, blood or breath in order to determine the level of BAC, you must not refuse. If you refuse, you will face some instant penalties that include $250 of monetary fine. The officer is also very much likely to seize your driving license. However, they may provide you a temporary license that you can use to drive your vehicle for either thirty days or until the day of your hearing, whichever is earlier. The hearing will be your opportunity to defend yourself, where you will be asked to describe the reasons why you did not take the test. The only way to defend yourself is to provide some solid evidence to prove that you were not drunk or impaired at the time of dui stop. If the court finds you guilty, you will face more severe Idaho drunk driving penalties that may include license suspension for one year. For a second time refusal (within ten years of the previous), your license will be suspended for two years. You can avoid these penalties in only one situation – when you can prove in the court that there was no legal cause to stop you under suspicion of dui.
First Dui Conviction In Idaho
- Though it is not mandatory, the court is very much likely to order you to undergo an alcohol evaluation and treatment program.
- Your license will be suspended for a minimum period of three months and for a maximum period of six months. You have however an option to apply for a restricted license, but at least after one month of suspension. SR-22 insurance will be required to obtain such license.
- You will also have to pay a monetary fine of up to $1000.
- Up to six months of jail imprisonment is also very much likely.
Second Dui Conviction In Idaho
Following Idaho drunk driving penalties apply for those who get convicted in a dui case for a second time.
- You may have to complete an alcohol evaluation or treatment program if the court orders.
- Your license will be suspended for at least twelve months, which is mandatory. The period of license suspension will be counted after the date you are released from jail. Even after twelve months, you will not be able to get your license back until you get an ignition interlock device installed in all your vehicles.
- The maximum monetary fine is $2000; there is no minimum limit.
- You are also very much likely to be subject to work detail with County Sheriff.
- A minimum ten days of jail imprisonment is mandatory, which can be extended for a maximum 12-month period.
Third Dui Conviction In Idaho
A third dui conviction is considered as a felony charge and results in the following Idaho drunk driving penalties.
- You will have to complete an Alcohol Evaluation and Treatment program. In order to get enrolled in such program, you will have to pay a certain amount of money as fees.
- At least twelve months of driving license suspension is mandatory. Depending upon various factors associated with your case, the court may order for a longer suspension up to five years. After one year, you will have an option to apply for a restricted license. In order to qualify for it, you must first install an ignition interlock device in your car.
- A maximum $5000 of monetary fine may also be charged to you.
- Minimum thirty days of jail imprisonment is mandatory, which can be extended up to five years depending upon the severity of the offence.
In most cases, when you face certain Idaho drunk driving penalties and get your license suspended, you are given an option to apply for a restricted license after a certain period of time. But, in order to obtain that license, you must first meet certain basic criteria that include getting an ignition interlock device installed in your car and obtaining an SR-22 insurance policy. SR-22 insurance is a guarantee that if an accident occurs, you can meet the financial obligations arising from that. This insurance policy must be valid for at least three years from the date when your driving license is reinstated.