Laws pertaining to driving under the influence, commonly known as drunk driving, vary from state to state within the USA. Therefore, DUI Laws in Idaho must be considered as a specific state related law rather than a federal one, even if broad similarities are shared between the relevant laws of other jurisdictions. To gain a full comprehension of Idaho DUI Laws it is necessary to consider whether an offense is the first, second or third, or more, such committed.
Anyone deemed to have transgressed DUI Laws in Idaho for the first time in their driving history can expect a sentence to include a suspension of their driving license for a period of at least 90 days with the possibility of it being extended to the maximum period of 180 days. Alternatively, a fine up to a limit of 000 is also possible, as is the prospect of a prison sentence with a maximum period of 6 months applicable. At the discretion of the court an offender may also be ordered to attend a suitable alcohol abuse program, too.
Furthermore, Idaho DUI Laws pay specific attention to levels of blood alcohol content, also known as blood alcohol concentration, commonly referred to as BAC, found to be present in the bodily system of a driver. Also, if a driver refused to undergo a BAC test the law exercises power and responds accordingly. Any driver with a BAC level above 0.08 can be charged for drunk driving. If a first time offender refused to undergo a BAC test then the person’s license is confiscated. A temporary driving permit is then issued until a special hearing is undertaken or until the maximum period of 30 days has passed. The purpose of the hearing is to establish whether the refusal to undergo a BAC test was justifiable. If it is deemed as unjustifiable then the offender loses use of the license for a full 1 year period. If the offender once again refuses to undergo a BAC test within the following 10 year period the license is suspended for a mandatory 2 year period.
Second time offenders receive a mandatory 10 day prison sentence but this can extend to up a maximum of 1 year. Upon release, the driver’s license is suspended for a year. Fines up to a maximum of $2000 also apply. As in the case of a first time offender an alcohol abuse program may be ordered but a second time offender may be ordered to undergo what is known as work detail with the local county sheriff.
For each offense after the second, offense is considered to be a felony. This serious offense involves a license suspension for a minimum of 1 year up to 5 years maximum, fines of anything up to $5,000 maximum and a 30 day mandatory prison term with the possibility of it being anything up to a 5 year maximum. Once again, the court may also order the offender to attend an alcohol abuse program.
Added to all the measures above Idaho DUI Laws also include a stipulation relating to implied consent. This means that any driver of a vehicle within the state boundary is deemed to have given implied consent to submit to a BAC test. Finally, any driver aged under the age of 21 is subject to penalties if their BAC level is found to be .02% or over. It can be concluded, therefore, that DUI Laws in Idaho are suitably stringent given the inherent dangers resulting from driving while under the influence of alcohol.