DUI & DWI in Idaho

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In Idaho, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%. – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Having a license in the state of Idaho automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year. If you convicted of DUI/DWI, 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.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

• Mandatory jail sentence of 10 days and up to 1 year.
• A $2,000 fine.
• Mandatory driver’s license suspension of 1
• Mandatory installation of an ignition interlock device for any vehicle you drive after your 2nd conviction. This has to be done after the mandatory suspension period and through the probation period.

• Mandatory jail sentence of 30 days and up to 5 years.
• A $5,000 fine.
• Driver’s license suspension from 1 to 5 years.

• License suspension/ revoked for 1 year.

• License suspension/ revoked for over 1 year.
• Penalties and actions may be assessed as “over 21”. See above.

• Barred from driving a commercial vehicle for 1 year if you are convicted for a BAC higher than 0.04%.
• Any alcohol traces in your blood (even less than 0.04%), will result in an “out-of-service” order valid for 24 hours by the arresting officer.
• Barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
• Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their 1st and 2nd offenses of DUI/DWI.

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.

• To complete the reinstatement requirements, you must pay the reinstatement fee of $130, and provide proof of financial responsibility for 3 years from the date of suspension/revocation by submitting an SR-22 certificate from your insurer.
• If you are being convicted for a 2nd time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
• You can submit the reinstatement application and fees (can also be paid online):
• In person at: Driver Services                                                                                                                                                                                     3311 W State Street                                                                                                                                                                             Boise, Idaho 83703
• OR by mail to: Driver Services                                                                                                                                                                                     P.O. Box 34                                                                                                                                                                                           Boise, Idaho 83731-0034