Idaho has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.
Administrative License Revocation (ALR) Procedures
Idaho DMV (Department of Transportation)
Idaho is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device (IID), and alcohol and drug rehabilitation.
You will be given a 7 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 8th day for 3 months, although first time offenders can request a work permit after 30 days. After the suspension period, you will be required to get an ignition interlock device.
Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
In Idaho, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher for a second offense.
License Revocation, Fines and Jail
- First offense – Misdemeanor: Up to 6 months in jail, fines and fees up to $1,000, 90 to 180-day license suspension, alcohol evaluation and treatment. A restricted license with an interlock device is possible after 30 days of suspension. An interlock may be required for a time not to exceed the time of probation for the offense. If BAC is 0.20 or more, 10 days to 1 year in jail, fines up to $2,000, 1-year license suspension, mandatory interlock device upon license reinstatement, and alcohol evaluation/treatment.
- Second Offense – Misdemeanor (Felony if for BAC 0.20 or more): 10 days to 1 year in jail, fines up to $2,000, minimum one-year license suspension, and installation of an interlock device a court-ordered period of time after the one-year suspension. In cases involving BACs of 0.20 or higher, offenders are convicted of felonies and receive enhanced penalty including 30 days to five years in a state penitentiary, fines up to $5,000, license suspension for one to five years, and interlock device required upon license reinstatement.
- Third and Subsequent Offense Misdemeanor (Felony if within five years): 30 days to 5 year in jail, fines up to $5,000, one to five year license suspension, and mandatory installation of an interlock device for year upon license reinstatement, and alcohol evaluation/treatment.
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