Idaho DUI/DWI Laws: Penalties, Court Process, and Records

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are considered traffic and criminal offenses in the United States. In Idaho, the official term for alcohol- or drug-related impaired driving is DUI. Such offenses may lead to penalties that include license suspension, incarceration, fines, or mandatory education programs.

What Is a DUI in Idaho?

In Idaho, DUI is defined under Idaho Code § 18-8004. An individual is considered to be under the influence if they operate or are in actual physical control of a motor vehicle under any of the following conditions:

• With a blood alcohol concentration of 0.08% or higher for most drivers.
• With a blood alcohol concentration of 0.04% or higher if operating a commercial vehicle.
• With a blood alcohol concentration of 0.02% if the driver is under 21 years old.

Also, Idaho prosecutes DUIs involving controlled substances, prescription medication, or a mix of impairing substances.

DUI Penalties in Idaho

The penalties for Driving Under the Influence (DUI) are outlined in Idaho Code § 18-8005. For repeat offenses, the state looks back 10 years to determine prior convictions. This means that repeated DUI violations during that period can lead to harsher penalties.

First DUI Offense

An individual arrested for a first-time DUI offense in Idaho is charged with a misdemeanor. The penalties for this offense may include a license suspension for at least 30 days, a fine of up to $1,000, a jail term of up to six months, and a mandatory alcohol evaluation.

Second DUI Offense A second DUI offense within a period of 10 years is also treated as a misdemeanor. Nevertheless, if aggravating factors exist, the offense can be elevated to a felony. Penalties may include a one-year license suspension, up to one year in jail, and a fine of up to $2,000. In some cases, the court may also require the installation of an ignition interlock device.

Third DUI Offense

A third DUI offense in Idaho is also treated as a misdemeanor. The penalties, nonetheless, can be more severe if they involve aggravating factors such as serious injury or death. The offender can have their license suspended for at least three years and may be asked to pay a fine of $5000. Other punishments include mandatory alcohol treatment and evaluation, and a jail term of five years.

Aggravated DUI (Felony)

According to Idaho Code § 18-8006, a DUI is deemed aggravated if it results in death or serious bodily injury to another person. In addition, an offender driving with a revoked driver’s license due to multiple DUI offenses may be charged with a felony. The penalties for these offenses include longer jail sentences, extended license suspension, and higher fines.

Excessive DUI (BAC ≥0.20%)

This occurs when a driver’s blood alcohol concentration (BAC) reaches 0.20% or higher. Even for a first-time violation, this type of DUI carries enhanced penalties, including a fine of up to $2,000 and a mandatory one-year suspension of the driver’s license.

DUI Arrest and Court Process in Idaho

DUI cases in Idaho follow both administrative and criminal procedures:

• Traffic Stop and Arrest – Law enforcement may stop a driver if there is a visible suspicion of impairment in their driving. The officer may conduct a field sobriety test and arrest the driver if probable cause is established.
• Booking and Charges – The driver is booked and charged with DUI or aggravated DUI.
• Administrative License Suspension (ALS) – The Idaho Transportation Department may immediately suspend the driver’s license and allow the driver to request a hearing within seven days.
• Arraignment – The charges are read aloud to the offender during their first appearance in court. Then, they may choose to enter a plea of guilty, no contest, or not guilty.
• Pre-Trial Hearings – Before the case goes to trial, the defendant and prosecution may review evidence and negotiate plea agreements.
• Trial – If no plea agreement is reached, the case proceeds to trial.
• Sentencing – If the defendant is convicted, the penalties include jail, fines, license suspension, IID, and mandatory treatment.

In Idaho, diversion programs are not common, but first-time offenders may receive reduced charges through plea bargaining.

How to Search for DUI Records in Idaho

DUI records are part of public records in Idaho and can be accessed through the following channels:

• iCourt Portal (Idaho Judicial Branch): This portal provides access to public information on DUI offenses, including charges, case status, and sentencing.
• Idaho Transportation Department (ITD): Drivers can request driving history, DUI convictions, and license suspension records directly from the ITD.
• County Clerk of Court: The official documents in DUI cases are maintained by both District and Magistrate Court Clerks, depending on where the case was heard.
• Third-Party Background Check Services: Individuals may access DUI information through third-party websites that provide subscription-based record services.

DUI records in Idaho comprise details such as BAC, conviction status, penalties, and license consequences.

How Long Does a DUI Stay on Your Record in Idaho?

DUI convictions in Idaho have long-term effects on both criminal and driving records:

• Criminal Record: A DUI conviction remains on a person’s record indefinitely. While Idaho law does not allow for full expungement of DUI convictions, it permits limited relief under certain circumstances.
• Driving Record: A DUI stays on an Idaho driving record for 10 years, during which it impacts sentencing for repeat offenses.
• Insurance and Employment: Insurance premiums may be elevated for 3 to 5 years, while employers and licensing boards will see DUI convictions permanently.

Idaho imposes strict DUI penalties, treating first and second offenses as misdemeanors and third or aggravated offenses as felonies. The state also prosecutes excessive DUI cases for drivers with very high BAC levels. As public records, DUI records remain permanently on criminal histories and for 10 years on driving records. Idaho’s strict DUI system underscores the lifelong impact of impaired driving for drivers, employers, and researchers.

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