Idaho DUI Penalties
Implied Consent Laws
Laws requiring drivers assumed of driving under the influence to give in to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Refusal carries penalties that can include compulsory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In Idaho, any driver with a blood-alcohol concentration - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this proof is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Idaho, persons under the age of 21 operating a motor vehicle with a .02 percent blood-alcohol level or above are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more difficult punishment for those convicted of DUI with a for the most part high blood-alcohol content at the time of arrest; this is typically .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Idaho.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties compulsory on drivers with a blood-alcohol concentration above Idaho’s maximum acceptable level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning short-term or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Idaho, for the foremost DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The punishment of vehicle confiscation for DUI conviction – either permanently or temporarily - is a possibility in some states, usually for repeat offenders. This is not a penalty option in Idaho.
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Ignition Interlock
An ignition interlock device attaches to the convicted DUI offender’s car and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a risk in some states, this is not an choice in Idaho.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol learning and prevention program, treatment for alcohol abuse, and evaluation of a person for possible alcohol or drug craving can be required for DUI offenders in Idaho. These steps are often suggested instead of serving a sentence of incarceration or paying fines.
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