Idaho DUI Attorney

March 15th, 2022 by admin Leave a reply »

Idaho DUI Law

Idaho is one of the many states where a DUI offense will result in two different kinds of cases. One is the criminal charges you will face for driving under the influence. DUI is a criminal offense in Idaho, so these charges will be pressed against you if you have been arrested for this type of offense. Another type of case you will face is administrative in nature and involves your Idaho driving privileges. If you are unsuccessful in defending yourself in this administrative case, you will lose your driving privileges and may be unable to continue to provide for your family.

DUI Laws in Idaho

Idaho is one of the many states that have two types of prosecution theories used in driving under the influence cases. The first is the “under the influence” theory. This type of case is prosecuted on the basis of a driver’s impairment. If a driver has consumed alcohol and is impaired so that he or she cannot operate a vehicle as safely as they could have if alcohol had not been consumed, they are considered impaired. In this type of case, the prosecutor uses information from the law enforcement officers involved in the arrest to determine if a driver was impaired.

The second theory is the same as in many other states. This is the “per se” theory and means that prosecutors do not have to show that a defendant was impaired when driving. This means that, even if the driver did not have alcohol on the breath or did not perform any dangerous driving, they can still be charged with driving under the influence. In this type of case, the prosecutor simply has to show that the driver’s blood alcohol content limit exceeded the Idaho legal limit of 0.08%.

Administrative Penalties

As with other states, there are administrative penalties for a driving under the influence offense in Idaho. These administrative penalties are separate from any criminal penalties that may be imposed if you are convicted of driving under the influence. One of the penalties is imposed for refusal to submit to chemical testing. In Idaho, having a valid driver’s license means that you are implying your consent for chemical testing if a law enforcement official asks you to submit to this type of test. If you refuse to consent to chemical testing when asked to submit, you face a 180-day license suspension. Your license will be confiscated and the officer may issue a temporary 7-day license. You will be given seven days to request a hearing of your case.

Criminal Penalties

The criminal penalties for driving under the influence in Idaho may include a combination of jail time, fines, and other penalties as determined by the court. These penalties increase with subsequent offenses and with enhancements allowed for specific circumstances. The criminal penalties for a first offense are 2 days to 6 months in jail, a fine of up to $1,000, alcohol evaluation, driver’s license suspension, 1 to 2 years of supervised probation, and mandatory attendance at a victims’ panel.

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