DUI Attorney, Pocatello, Idaho

Driving Under the Influence is the act of operating a motor vehicle while under the influence of alcohol or drugs. In Idaho, a DUI is typically charged if a person’s blood alcohol concentration (BAC) is at or above .08%. You may also be charged with DUI if you are under the influence of prescription or illegal drugs. If you are pulled over by law enforcement and suspected of driving under the influence, you will be asked to take a breath test and perform field sobriety tests.

Idaho Legal Limit for BAC:

The legal limit for BAC in Idaho varies depending on the age of the driver and the type of license they have. For drivers 21 years of age and over with a non-commercial Class D license, the legal limit is .08%. For commercial drivers with a commercial license (CDL), the legal limit is .04%. The legal limit is .02% for drivers under the age of 21 with a Class D driver’s license.

The penalties for a DUI can vary depending on the specific circumstances of each case. In Idaho, the maximum penalty for a misdemeanor DUI conviction may include:

• Up to 6 months in jail.
• Fines up to $1,000.00 plus additional court costs and restitution if any.
• Driver’s license suspension.
• Ignition Interlock Requirement.
• Alcohol education classes or treatment.
• Community service.
• Period of probation.

The penalties for repeat violations or felony charges are much more severe and can lead to imprisonment, fines up to $2,000.00, driver’s license suspension, and ignition interlock requirements.

First offense, failure of a breath test: A 90-day administrative license suspension (ALS) through the Idaho Transportation Department and possibly an additional license suspension through the court. The first 30 days of the suspension, there are absolutely no driving privileges. You can apply for a restricted driving permit through ITD that would be effective for the last 60 days of the suspension.

Second offense, failure of a breath test: One (1) year administrative license suspension through the Idaho Transportation Department and an additional license suspension through the court. There are no driving privileges whatsoever, and you cannot apply for a permit. Felony charges may result in a suspension of up to five (5) years.

When someone fails the breath test, law enforcement will serve them with a Notice of Suspension. A telephone hearing with the Idaho Transportation Department must be requested within seven (7) days from the Date of Service on the Notice of Suspension. If a hearing is not requested, the 90-day administrative license suspension will automatically begin 30 days from the Date of Service on the Notice of Suspension.

Yes, you have the right to refuse any evidentiary testing. If you refuse the test, law enforcement may obtain a warrant for a blood or urine test. If you refuse the test, you will have seven (7) days from the date you are charged to request a hearing regarding the refusal. This is a civil case through the court system and is separate from the DUI case. If a hearing is not requested, you will receive a one (1) year license suspension. There are no driving privileges whatsoever, and you cannot apply for a permit.

It depends on the resolution of your case. If this is your first DUI and you receive the 90-day administrative license suspension, SR22 insurance is not required. The Idaho Transportation Department’s administrative rules require SR22 insurance if you have two license suspensions related to the DUI conviction, or if you have had a prior conviction for DUI and received a license suspension for the prior conviction. If the DUI is reduced to reckless driving, the Idaho Transportation Department requires SR22 insurance.

A DUI conviction can stay on your insurance record for 5-10 years. Many insurance companies check your Idaho driving record. This may vary depending on your insurance provider. If you have questions, speak with your insurance company.

Yes, this charge will show on your Idaho criminal record and your driving record.

The cost of hiring a private attorney in Pocatello may vary depending on the complexity of your case and the experience of the attorney. Zollinger Law Office and Kress Law Office offer competitive and transparent fees for their services, making quality legal representation accessible.