Dui Idaho first offense
If you or someone you know has been charged with driving under the influence in Idaho, you are not alone. Most individuals charged with DUI are good people who made a bad decision; however, navigating the complex criminal justice system can be overwhelming, which is why it is important to retain a qualified DUI attorney to help you through the process.
What happens when you get a DUI in Idaho?
If a peace officer has stopped you for suspicion of driving under the influence of alcohol or other intoxicating substance, the officer will ask you to perform a series of field sobriety tests to determine your level of impairment and whether you are safe to drive. If you fail the field sobriety tests, the peace officer will administer a chemical test, generally a breathalyzer, to determine your blood alcohol concentration (BAC). According to Idaho law, it is illegal to drive under the influence of drugs, an intoxicating substance, or a BAC of 0.08% or more. If the officer determines you are under the influence of drugs or an intoxicating substance or your BAC is 0.08% or higher, you will be arrested and charged with DUI.
A DUI is considered a first offense in Idaho if you have not had any prior DUI convictions within the last ten years. A first offense DUI has a maximum penalty of up to six months in jail, a fine of no more than $1000, or both. It also leads to a 90-day license suspension and an ignition interlock device for a mandatory minimum of one year. Any first offense DUI with a BAC of 0.20% or higher is considered an excessive DUI and carries harsher penalties.
Will I still be allowed to drive after a DUI in Coeur d'Alene Idaho?
Many individuals are concerned about whether they will still be legally allowed to drive after being charged with a DUI in Coeur d’Alene, Idaho. This is particularly important to people who live in rural areas where public transportation is not always an option.
Many people do not realize that in addition to the criminal charges filed in the county court for driving under the influence, they are also facing a civil case with the Idaho Transportation Department (ITD).
Once you have been arrested and charged with a DUI, you will be served a notice of suspension for failing the evidentiary testing administered by the officer. If you submitted to a chemical test either through breath, blood, or urine and failed, you only have seven days from the date on the notice of suspension to request an administrative license suspension (ALS) hearing with ITD.
If you fail to request an ALS hearing within the seven-day timeframe, your license will automatically be suspended for 90 days, beginning 30 days from the date on the notice of suspension. You will not have any driving privileges during the first 30 days of the suspension; however, if you have a valid Idaho driver's license, you may be eligible for restricted privileges for the remaining 60 days. Once you have reinstated your license after the 90-day suspension period, you will need to install an ignition interlock device on any motor vehicle you drive for one year.
If you were recently charged with a DUI in Idaho and are unsure if your license is currently suspended, you can check your license status here.
Can I refuse to submit to the evidentiary testing Coeur d'Alene Idaho?
Under Idaho's implied consent laws, any person who operates a motor vehicle in the state gives consent to submit evidentiary testing for the concentration of alcohol, presence of drugs, or other intoxicating substance that may cause impairment, provided the test is requested by a police officer who has reasonable suspicion to believe that the person who is driving or in physical control of the vehicle is impaired by alcohol or other substance.
This does not mean you can't refuse to take a blood or breath test. However, refusal to submit to evidentiary testing comes with a harsher civil penalty. Drivers who refuse evidentiary testing are subject to a $250 fine and a mandatory license suspension period of one year. After the one-year suspension period, the driver will also be required to install an ignition interlock device for one year.
You have seven days to request a hearing to show cause as to why you refused to submit to or complete the evidentiary testing. If you cannot prove the officer did not have reasonable suspicion to pull you over and ask you to take the test, the Department of Transportation will impose the civil penalty.
You can physically refuse to cooperate with the evidentiary testing procedures, but when it comes down to the wire, the officer can request a warrant for a blood draw and have your blood taken against your will.
Should I hire a lawyer for my DUI Coeur d'Alene Idaho?
A DUI can have a serious impact on your life, but you can help control the damage by hiring an experienced defense attorney. Because every case is unique, an experienced attorney can help you determine what legal recourse is best for you. Whether it's negotiating a plea bargain or preparing for trial, an experienced defense attorney can explain all options available to you and help you understand exactly what to expect. If you were charged with a DUI in Coeur d'Alene, Idaho, or the surrounding area, contact Valiant Law at (208) 667-5437 to schedule a consultation.
