The state of Idaho takes Driving Under the Influence (DUI) very seriously and, as a result, has harsh penalties for anyone who is operating a motor vehicle while driving under the influence. Below are some of the penalties associated with a DUI in Idaho:
Idaho DUI – statute(s) I.C. § 18-8004.
Idaho DUI – standard
“It is unlawful for any person who is under the influence of . . . drugs or any other intoxicating substances . . . to drive or be in actual physical control of a motor vehicle within this state . . . .” I.C. § 18-8004(1)(a).
Idaho DUI – applicable substances
- Drugs or any other intoxicating substances.
Idaho DUI – affirmative defense
- “The fact that any person charged with a violation of the provisions of this chapter . . . is or has been entitled to use such drug under the laws of this state or of any other jurisdiction shall not constitute a defense against any charge of a violation of the provisions of this chapter.” I.C. § 18-8004(7).
Idaho DUI Per se – statute(s)
Idaho DUI Per se – standard
- N/A
Idaho Per se – applicable substances
- N/A
Idaho Per se – affirmative defense N/A
Idaho Implied consent – applicable drivers
- Person who drives or is in physical control of a motor vehicle in Idaho. I.C. § 18-8002(1). Implied consent – tests authorized “Evidentiary testing” for the presence of drugs or other intoxicating substances. I.C. § 18-8002(1). It appears that such testing involves the testing of breath, blood or urine. I.C. § 18-8002A(e).
Idaho Implied consent – basis for test
- LEO must have “reasonable grounds to believe” that a person was driving in violation of drugged driving laws. I.C. § 18-8002(1).
Idaho Implied consent – evidence of refusal
- Idaho court decisions hold that the refusal to take a chemical test is generally admissible in a DUI case. State v. Rocha, 157 Idaho 246, 335 P.3d 586 (Id. Ct. App. 2014).
Idaho Implied consent – administrative / civil penalty for refusal
- First refusal: driver’s license suspended for one year; civil fine of $250.
- Second or subsequent refusal within 10 years: driver’s license suspended for two years; civil fine of $250. I.C. § 18-8002(3), (4).
Idaho Implied consent – criminal penalty for refusal
- None
Idaho DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- First conviction: driving privileges suspended for 30 days; restricted driving privileges for 60-150 days. I.C. § 18-8005(1).
- Second conviction within 10 years: driving privileges suspended for one year; use of IID. I.C. § 18-8005(4).
- Third conviction within 10 years: driving privileges suspended for 1-5 years; use of IID. I.C. § 18-8005(6). Conviction within 15 years of prior felony violation: same penalty as third violation within 10 years. I.C. § 18-8005(9).
