Can I Lose My License After a DUI Charge in Idaho?

February 9, 2018
It’s against the law in Idaho to operate a motor vehicle with a blood alcohol content (BAC) of .08 or higher. If you’re a minor, that limit goes down to a .02 BAC.

Your License Can Be Suspended
Even a first time adult DUI offender can suffer a driver’s license suspension for 90 to 180 days. A second DUI within 10 years calls for a mandatory one year suspension with no driving privileges of any kind. That suspension starts the day that the defendant is released from any jail term. On a third violation within 10 years, the offender’s license is suspended for up to five years with one year mandatory after release from jail or prison. During that one year period, no driving privileges are permitted.

Stricter Laws for .20 or Above
If an adult’s BAC is .20 or greater, the law becomes harsher. On a first offense, a one year mandatory driver’s license suspension with no driving privileges whatsoever begins after serving any jail term. A second offense carries a suspension of up to five years with one year mandatory after release from confinement. No driving at all will be permitted during that one year period.

Refusing Breath Testing
Pursuant to Idaho law, you have the right to refuse breath testing, but keep in mind that if you do refuse, Idaho’s administrative penalties against your driver’s license are strict. On a first time refusal, your license can be suspended for a year with no driving at all being permitted during that time. If you had a prior refusal within the last 10 years, a second refusal results in a two year suspension. Your right to refuse breath testing becomes moot if the arresting officer obtains a search warrant for blood testing.

The general rule is that if a minor is found to have a BAC of .02 to .07 while operating a motor vehicle, a license suspension occurs for one year. The first 90 days of that suspension are absolute with no driving privileges at all.

The Seven Day Rule
In the context of a suspension, the Idaho legislature only gives you seven days to contest it in an administrative hearing. The hearing is separate and apart from the actual DUI case against you. If you miss the seven day time period to request a hearing, you’ll waive your right to contest the suspension.

If you’ve been charged with DUI in Idaho, you’re going to need an experienced and effective Idaho DUI defense lawyer right away who can dramatically increase your chances of keeping your driver’s license. Invoke your right to protect your license, and contact our office right away after any DUI arrest. Remember that you only have seven days to make your request for a hearing on a DUI suspension.

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