Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Idaho, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN IDAHO

In Idaho, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having an Idaho license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for a year.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense results in imprisonment for up to 6 months and/or up to a $1,000 fine. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • Your license will be suspended for at least 90 days and up to 180 days.
   • You will have absolutely no driving privileges during the first 30 days.
   • An ignition interlock device may have to be installed in any vehicle you drive.
2. The second offense within ten years carries a mandatory jail sentence of at least 10 days and up to one year and/or up to a $2000 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
   • You face a mandatory driver's license suspension of one year.
   • Installation of an ignition interlock device is made mandatory for any vehicle you drive after your second conviction. This has to be done after the mandatory suspension period and through the probation period.
3. The third offense or three offenses in ten years is treated as a Felony and will result in a mandatory jail sentence of 30 days up to five years and/or up to a $5000 fine. Also, if convicted for the third offense of DWI, DUID or BAC you face a mandatory driver's license suspension from one to five years.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. The license may be suspended or revoked for one year after the first conviction.
2. The license may be suspended or revoked for a full year following the second or subsequent conviction.
3. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. You will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%.
2. If there is any detectable amount of alcohol concentration in your blood, even if it is less than 0.04%, you will also be issued an "out-of-service" order valid for 24 hours by the arresting officer.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

The Idaho Transportation Department will serve you with a Notice of Suspension or the Administrative Driver License Suspension (ALS), in accordance with Section 18-8002A, Idaho Code, if you are arrested for DUI/DWI and fail the evidentiary test. The ALS is a civil penalty and is separate and apart from any criminal charges brought by the court system. If you receive an ALS you must comply with its requirements which come into effect 30 days after you receive the notice. If it is your first offence, your driving privileges will be suspended for 90 days and you will have no driving privileges during the first 30 days of the suspension period. If it is your second offence within five years all your driving privileges will be suspended for a full year. You can request an administrative hearing on the suspension before a hearing officer designated by the department. It is a good idea to consult a DUI/DWI lawyer beforehand.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Transportation Department in Boise, once the period of suspension or revocation is over.

1. To complete the reinstatement requirements, you must pay the reinstatement fee of $130, and provide proof of financial responsibility for three years from the date of suspension/revocation by submitting an SR-22 certificate from your insurer.
2. If you are being convicted for a second time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyser tests on any vehicle you drive.
3. You can submit the reinstatement application and fees (reinstatement fee can be paid online) in person at:

   Driver Services 
   3311 W State Street
   Boise, Idaho 83703    

You can also send the reinstatement package by mail to:

Driver Services
P.O. Box 34
Boise, Idaho 83731-0034    

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.