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Answers to Common Questions About Idaho’s DUI Laws


Even the most inexperienced drivers know that they shouldn’t drive while they’re impaired by alcohol. However, you may not know all the intricacies of Idaho’s laws. While you don’t need to be familiar with every aspect of the law, you need to know the basics. DUI charges can cause significant disruption in your life and even impact your family. In this blog post, our Boise DUI attorneys will look at some of the most common questions that drivers have.

What Is a DUI in Idaho?

It’s illegal to drive under the influence of drugs or alcohol just as it is in every state. Under Idaho’s statutes, it’s against the law to drive with a blood alcohol concentration of 0.08 or more. Operating a vehicle while under the influence of any intoxicating substance is also prohibited. These laws apply to all drivers. However, the legal limit for drivers under the age of 21 is 0.02 and the limit for individuals with commercial driver’s licenses is 0.04.

Can I Refuse a Breath Test?

Idaho has implied consent laws. By getting behind the wheel, you automatically consent to chemical testing if a law enforcement officer pulls you over on suspicion of driving while intoxicated. This doesn’t mean you can’t refuse to take a breathalyzer test. However, you will face penalties. When the officer requests a sample of your breath or blood, they should inform you of the consequences of a refusal.

If you refuse, your driver’s license will be suspended for a year and you will have to pay a $250 fine. You may be able to get a restricted license if you install an ignition interlock device on your vehicle. You would need to blow into this device before you can start your vehicle. If you have alcohol on your breath, the car won’t start. You’ll have to foot the bill for the installation of the device.

What’s the Penalty for a First Offense DUI?

The first DUI is a misdemeanor and it could cause you to spend up to six months in jail. You may have to pay up to $1,000 in fines and your driver’s license will be suspended for between 90 and 180 days. Typically, you can get the court to take another look at your case after 30 days. You may be able to get a restricted license that allows you to go to school, work, and the doctor. You will need to hire a Boise DUI attorney to defend you and ensure you get the best possible outcome.

What’s the Penalty for a Second Offense DUI?

A second DUI within ten years is still a misdemeanor. However, you could be sentenced to a maximum of one year in jail. The maximum fine increases to $2,000 and you’ll be hit with a mandatory one-year driver’s license suspension. You won’t be able to get any special permits. When the suspension period is up, you’ll have to place an ignition interlock device in your vehicle.

What’s the Penalty for a Third Offense?

If you are found guilty of driving under the influence a third time in ten years, this offense will be a felony. You could be incarcerated for anywhere between 30 days and five years. The fine you’ll have to pay could be as high as $5,000 and you could lose your license for as long as five years. Depending on the circumstances, you could get a restricted license after one year. Regardless of when you regain your driving privileges, you’ll have to install an ignition interlock device.

What is An Aggravated DUI?

Not all DUIs are discovered when a driver gets pulled over by police. Sometimes, the drunk driver causes an accident. If you kill someone or seriously injure them while driving under the influence, you’ll face enhanced penalties including up to 15 years in prison.

Are There Other Consequences of a DUI Conviction?

The possibility of jail time and the loss of driving privileges are enough to deter many people from driving while intoxicated. However, it is important to note that there are additional consequences, not the least of which is a permanent stain on your record. This could prevent you from getting certain jobs or cause you to lose your professional license. Your car insurance could also increase.

Contact the Trilogy Law Group Today for Help

If you’ve been accused of driving under the influence, you must try to beat the charges if you want to avoid the consequences outlined above. This means you must hire an experienced Boise DUI lawyer to represent you. Contact our team today to set up a consultation and get an expert opinion on your case.