DUI LawsGet help from an Idaho DUI Lawyer by using the
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Find an Idaho DUI attorney near you who focuses on fighting DWI charges. In the menu above, select the county where your arrested occurred.
If you have been charged with an Idaho DUI there are two things that you need to consider:
1) Take the charge seriously.
A conviction for an Idaho DUI will have long lasting consequences. A
criminal record can affect your employment, your future and your
personal freedom.
2) Hire an experienced Idaho DWI Lawyer.
Understanding the Idaho DUI laws and courtroom proceedings can be a
challenge. Hiring a qualified Idaho DUI Lawyer from DUILaws.com who
focuses on DUI defense can make a difference in the outcome of your
case.
The Idaho DUI Defense Lawyers at DUILaws.com offer an initial review of your case. Your inquiry is both free and confidential.
To begin fighting your Idaho DUI, use the drop-down menu above to locate an Idaho Attorney in your county. But do it now, as time is very critical in an Idaho DUI case.
Use an experienced Idaho DUI Lawyer
from DUILaws.com and get the help you need right now.
Your request for information is free and confidential.
Idaho DUI Laws and Drunk Driving Information
Being charged with an Idaho DUI creates two cases that you must address. One is a criminal case brought against you by the court system. The other is a driver's license revocation process conducted by the Idaho Transportation Department.
Idaho is an implied consent state which means that by simply driving
in the state you have agreed to give your
consent to any and all field sobriety tests. If your blood alcohol
content (BAC) is over .08% you will be arrested
for Idaho DUI. Refusing a breath
test will result in an automatic suspension of your driving
privileges for a minimum of 180 days. You have the ability to request a
hearing and contest the license suspension. That request must be
made within 7 days of the DUI arrest.
You may receive a notice of your driver’s license suspension or you may have your driver's license seized on the spot by the arresting officer. An Idaho DUI is a serious offense and could result in numerous penalties including: up to a $1,000.00 fine, 2 days to 6 months in jail, and a suspension of your driver's license for 180 days, with at least the first 30 days absolute and the remainder restricted.
These however are not the only penalties you may face if convicted of an Idaho DUI. If found guilty of a DUI offense you must attend mandatory alcohol evaluation classes.
There are serious consequences from being charged with an
Idaho DUI. It is recommended that you secure the
services of a qualified Idaho DUI Attorney.
CRIMES AND PUNISHMENTS
CHAPTER 80
MOTOR VEHICLES
INTOXICATING SUBSTANCES.
(1) (a) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.08, as defined in subsection (4) of this section, or more, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.
(b) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol
concentration of 0.04 or higher but less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a commercial motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.
(c) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol
concentration of 0.08 or higher, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a commercial motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.
(d) It is unlawful for any person under the age of twenty-one (21) years who has an alcohol concentration of at least 0.02 but less than 0.08, as defined in subsection (4) of this section, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public. Any person violating this subsection shall be subject to the penalties provided in section 18-8004A, Idaho Code.
(2) Any person having an alcohol concentration of less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, by a test requested by a police officer shall not be prosecuted for driving under the influence of alcohol, except as provided in subsection (3), subsection (1)(b) or subsection (1)(d) of this section. Any person who does not take a test to determine alcohol concentration or whose test result is determined by the court to be unreliable or inadmissible against him, may be prosecuted for driving or being in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or any other intoxicating substances, on other competent evidence.
(3) If the results of the test requested by a police officer show a person's alcohol concentration of less than 0.08, as defined in subsection (4)of this section, such fact may be considered with other competent evidence of
drug use other than alcohol in determining the guilt or innocence of the defendant.
(4) For purposes of this chapter, an evidentiary test for alcohol concentration shall be based upon a formula of grams of alcohol per one hundred (100) cubic centimeters of blood, per two hundred ten (210) liters of breath or sixty-seven (67) milliliters of urine. Analysis of blood, urine or breath for the purpose of determining the alcohol concentration shall be performed by a laboratory operated by the Idaho state police or by a laboratory approved by the Idaho state police under the provisions of approval and certification standards to be set by that department, or by any other method approved by the Idaho state police. Notwithstanding any other provision of law or rule of court, the results of any test for alcohol concentration and records relating to calibration, approval, certification or
quality control performed by a laboratory operated or approved by the Idaho state police or by any other method approved by the Idaho state police shall be admissible in any proceeding in this state without the necessity of
producing a witness to establish the reliability of the testing procedure for examination.
(5) "Actual physical control" as used in this section, shall be defined as being in the driver's position of the motor vehicle with the motor running or with the motor vehicle moving.
(6) Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).
(7) The fact that any person charged with a violation of the provisions of this chapter involving being under the influence of any drug, or any combination of drugs with alcohol or any other intoxicating substance, is or has been entitled to use such drug under the laws of this state or of any other jurisdiction shall not constitute a defense against any charge of a violation of the provisions of this chapter.
