If you've been arrested for a first-time DUI (Driving Under the Influence) offense in Idaho, you're probably anxious, confused, and wondering what happens next. Yes, DUI charges are serious—even for a first offense. But don't let your anxiety cloud your thinking. Take a deep breath. Making sound decisions now is critical.
Sullivan Law Office, PLLC, is a criminal defense practice in Coeur d'Alene, Idaho. We handle many criminal cases, including representing individuals charged with DUIs. When representing a DUI client, our first goal is to educate and inform them so that they understand what is happening, what will happen, and their options. We provide legal advice and represent them before law enforcement and the court. Our goal is to protect their rights and help them obtain the best possible outcome based on their interests and priorities. We can help them see that, despite the challenges, they have options and a way through.
If you are facing a DUI charge for a first-time offense, here's some information about Idaho's DUI law, the process, and how to protect yourself to get through this ordeal with the best possible outcome.
What Are the Legal Elements of DUI in Idaho?
DUI is a crime, and to be convicted of any crime, the prosecution must prove every element beyond a reasonable doubt. For a DUI in Idaho, that means the state must prove:
- You were operating or in physical control of a motor vehicle
- While under the influence of alcohol, drugs, or any intoxicating substance (that can include over-the-counter medicines),
- Or with a blood alcohol concentration (BAC) of 0.08% or higher (lower if you're under 21 or a commercial driver, which can also expose you to additional criminal charges).
Remember that, even without a breath or blood test, you can still be convicted based on an officer's observations of your driving behavior and other competent evidence of impairment. In addition, Idaho is an implied consent state. This means that if you refuse to take an evidentiary test such as a breathalyzer, blood, or urine test, you will face additional consequences that include a license suspension, civil penalties, and will be required to install and use an interlock device, whether or not you are above the legal limit. Short version: Refusing to take the breathalyzer test won't get you off the hook.
What Are the Penalties for a First-Time DUI Conviction?
Idaho law classifies a first DUI as a misdemeanor, but that does not mean that the consequences are minor. Penalties may include:
- Jail time: Up to 6 months (Sheriff’s Labor Program or community service may also be imposed)
- Fines: Up to $1,000
- License suspension: 90 to 180 days (the first 30 days are an absolute suspension, then you may be eligible for restricted privileges)
- Alcohol evaluation and treatment: Mandatory
- Ignition interlock device: Required for one year if BAC was 0.08% or higher, once driving privileges are restored
In addition to court-imposed penalties, you will also be liable for court costs and may have a higher insurance premium once driving privileges are restored. Further, a DUI conviction creates a permanent criminal record, which can affect your employment, housing, education opportunities, and professional licenses.
What Does the Criminal Process Look Like?
After a DUI arrest in Idaho, the process typically involves:
- Arrest and Booking: You may spend time in the local jail and be asked to submit to a chemical test (breath, blood, or urine).
- License Suspension: You'll face administrative suspension through the Idaho Transportation Department. You can request a hearing to challenge your suspension, but you must act fast—within 7 days of your arrest.
- Arraignment: Your first court appearance, where you are formally advised of the charges and your rights, and you enter a plea.
- Pretrial Proceedings: This stage may involve negotiations with the prosecutor, motions filed with the court, and preparation for trial.
- Trial or Plea Agreement: If your case is not resolved through a plea deal, it may proceed to trial, where a judge or jury determines your guilt or innocence.
- Sentencing: If convicted, the judge will impose penalties, which can include jail, fines, probation, and mandatory education or treatment programs.
How Can a Lawyer Help With a First-Time DUI?
The best thing you can do if you've been charged with DUI is to work with an experienced defense lawyer. At Sullivan Law Office, we can:
- Analyze the facts of your case, including whether the traffic stop and arrest were lawful
- Challenge the accuracy and admissibility of breathalyzer, blood, or field sobriety test results
- Identify weaknesses in the prosecution’s case
- Negotiate for reduced charges or alternative sentencing options
- Advocate for your rights and defend you in court
While DUI charges are serious, especially for a first-time offender, you are not without options. A lawyer can help protect your rights, explain the process, and give you the best chance at minimizing or avoiding the harshest consequences.
This blog is intended to provide general legal information and should not be regarded as legal advice for any specific individual or situation.