An Idaho DUI / DWI arrest generates two separate cases – in court, which can bring jail, fines, mandatory alcohol education classes, and other punishment, and with the Idaho Transportation Department.

Both cases require expert legal representation, but the Idaho Transportation Department case is far more urgent. Motorists accused of DUI / DWI in Idaho have only seven days from the date of arrest to request an administrative hearing that will determine the status of the driver’s license. If the driver loses the hearing or doesn’t request one, the license will be automatically suspended.

Drivers arrested for DUI / DWI in Idaho also face criminal prosecution. Idaho has both laws barring driving under the influence and a "per se" law that prevents driving with a blood alcohol content (BAC) of .08 percent or greater.

It is possible to be within the legal limit and still be convicted of driving under the influence. Evidence to support such a conviction will come from the arresting officer's observations of driving pattern, physical appearance, field sobriety test performance, and other factors.

The punishments meted out in Idaho drunk driving cases depend on several factors, including the number of prior convictions the driver has and whether or not his or her BAC was .20 percent or greater.

Drivers convicted of a first-offense DUI / DWI in Idaho face two days to six months in jail, a fine of up to $1,000, a driver’s license suspension of up to 180 days, probation, and a mandatory alcohol evaluation.

A second drunk driving offense within five years carries a sentence of 10 days to one year in jail, a fine of up to $2,000, a one-year driver’s license suspension, a mandatory alcohol evaluation, an ignition interlock device requirement, and two years of supervised probation.

A third DUI / DWI offense within five years is charged as a felony in Idaho. A driver arrested within 10 years of a prior felony drunk driving conviction also will face felony charges. The driver faces 30 days to five years incarceration, a fine of up to $5,000, a one- to five-year driver’s license suspension, and supervised felony probation.

Idaho has a five-year "washout" period for drunk driving offenses, meaning that the DUI / DWI arrests must occur within five years of each other to be considered a second- or third-offense.

Every motorist in Idaho has agreed to take a chemical test if lawfully arrested for drunk driving. The arresting officer can seize the Idaho driver’s license of any motorist who refuses to submit to the test. The driver will receive a temporary operating permit valid for seven days. If the driver doesn’t prevail at an administrative hearing, his or her license will be suspended for 180 days. This suspension is in addition to any penalty the driver receives in court for an alcohol or drug-related conviction.

A second refusal within five years will result in a one-year suspension. These suspensions do not provide for restricted privileges of any kind.

In addition to criminal charges, drivers accused of DUI / DWI also face an administrative action from the Idaho Transportation Department. If the driver loses an administrative hearing or fails to request one, he or she will lose driving privileges for 90 days for a first offense, with the possibility of receiving a restricted license after 30 days. A second or subsequent offense within five years will result in a one-year suspension, with absolutely no driving privileges of any kind.

Drunk driving defense is a specialized area. The top criminal defense attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com have the expertise needed to aggressively defend a DUI / DWI arrest anywhere in Idaho. During a free consultation, an attorney will outline a winning defense strategy designed to protect the driver’s rights and minimize or eliminate aggressive consequences.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.