DEFINITION OF DUI
Idaho law says it is unlawful for a person to drive or to be in "actual physical control" (defined as being in the driver's position with the motor running or the vehicle moving) of a motor vehicle when either:- the person's alcohol concentration is 0.08 (as shown by blood, breath, or urine), or
- the person is under the influence or alcohol, drugs, or other intoxicating substances.
Alcohol Concentration Test (Breath or Blood).
The most common DUI is the alcohol DUI proven by a breath test result of 0.08 or higher. The test might be done using the Intoxilyzer machine at the jail, or, increasingly, using the handheld Lifeloc FC20 (some agencies still use the AlcoSensor, but it is being phased out in Idaho).These machines are not infallible, and are subject to strict compliance regulations to ensure a reliable result. If the regulations were not followed, the breath test result may be inadmissible in court.
A person can refuse the breath test, in which case officers many times opt for a forced blood draw. A refusal can also result in a more harsh consequence for the administrative license suspension (see below).
Evidence of Impairment.
Where an alcohol test is not obtained (equipment malfunction, refusal with no forced blood draw, etc.) or is inadmissible, a DUI can still be prosecuted using other evidence that the person's ability to drive was impaired.
In an alcohol case, this evidence could include the driving pattern (swerving on the roadway, wide turns, etc) and the person's physical condition - slurred speech, bloodshot eyes, stumbling, and poor performance on the SFST's (standardized field sobriety tests: horizontal gaze nystagmus (HGN or eye test), walk and turn, and one leg stand).
If an alcohol test is under the 0.08 limit, there needs to be some additional evidence of drugs or other intoxicating substances which have impaired the person's ability to drive. If the alcohol test is under 0.08 and there is no evidence of drugs, prosecution for DUI is not allowed under the statute.
Under 21 and CDL's.
While the legal limit to be considered DUI is 0.08 in most situations, that limit changes in certain circumstances:
- For those under 21 years old of age, the legal limit is 0.02 (but any consumption of alcohol or even possession of alcohol by someone underage is a separate offense).
- For someone driving a commercial vehicle, the limit is 0.04.
DUI PENALTIES
First offense:
For a first-offense DUI, the maximum penalties are: up to six months of jail, up to a $1,000 fine, and a driver's license suspension of 90-180 days (the first 30 are absolute, then you can apply for a restricted permit). This suspension is separate from the ALS suspension described below. A typical case will usually include an alcohol evaluation and alcohol treatment classes in addition to the jail time, fine, license suspension, and probation.Second offense or Excessive:
Third offense:
A third DUI in ten years is a felony charge. It carries a minimum of 30 days in jail with the possibility of up to ten years in prison, up to a $5,000 fine, and an absolute driver's license suspension of at least one year but possibly up to five years. A felony conviction has additional consequences which affect a person's civil rights (gun rights, the right to vote, etc.).
If you fail an evidentiary test for alcohol, or refuse to take one, your privileges to drive in Idaho will be suspended. This suspension is a completely separate proceeding from the criminal charge. You should be issued a temporary permit, allowing you to drive until the suspension takes effect. You have only SEVEN DAYS to request a hearing - otherwise, the suspension is final.Failure:
If you take a test and fail, the suspension will be for 90 days (if this is the second or more failure within 5 years then suspension is for one year). The request for a hearing must be made within 7 days with the Idaho Transportation Department. The hearing is conducted by an ITD hearing officer and is usually done over the phone.
Refusal:
If you refuse to take an evidentiary test, the suspension will be for one year (if this is your second or more refusal within 10 years, the suspension is for 2 years). The request for a hearing must be filed in court, and the hearing is held before a judge.
SCHEDULE A CONSULTATION TODAY
As you can see, DUI cases can be complex and confusing.
Let attorney Bryson Perkins guide you through the system for the best possible outcome.
Let attorney Bryson Perkins guide you through the system for the best possible outcome.
