Idaho DUI Lawyers: What to Do After a DUI Arrest in Idaho

Being arrested for a DUI in Idaho can be one of the most stressful and life-altering experiences a person can face. You may be frightened, confused, and uncertain about what to do next. The reality is that DUI charges in Idaho carry serious consequences that can affect your driver’s license, employment, insurance rates, and even your freedom.

However, there are critical steps you can take right now to protect your rights and your future.

As an experienced Idaho DUI lawyer, I’ve guided many people through this process and seen firsthand how early, informed action can make all the difference. This page is designed to give you a clear understanding of Idaho DUI laws, the penalties you could face, and how a skilled Idaho DUI attorney can help you build a strong defense.

If you’re facing a DUI charge in Idaho, call 1-888-839-4384 or use our online contact form for a free consultation with an experienced DUI attorney in Idaho today!

Understanding DUI in Idaho

A DUI in Idaho (Driving Under the Influence) occurs when a person operates or is in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or any intoxicating substance that impairs their ability to drive safely.

According to Idaho Code §18-8004, you can be charged with DUI if:

Your blood alcohol concentration (BAC) is 0.08% or higher (for most drivers).
Your BAC is 0.04% or higher if you hold a commercial driver’s license (CDL).
You are under 21 years old and your BAC is 0.02% or higher.
You are impaired to any degree by alcohol, drugs, or a combination of both, even if your BAC is below the legal limit.

Importantly, DUI charges in Idaho are not limited to alcohol. Prescription medications, marijuana (even if used legally in another state), and controlled substances can also result in a DUI arrest.

What Happens After a DUI Arrest in Idaho

After being arrested for a DUI in Idaho, you’ll typically go through two separate but related legal processes:

The Criminal Case:
This is where the court determines whether you are guilty of DUI and what penalties will apply.
The Administrative License Suspension (ALS):
This process is handled by the Idaho Transportation Department (ITD) and begins immediately after your arrest. If you fail or refuse a chemical test, your driver’s license can be suspended automatically — even before your court case is resolved.

You only have seven (7) days from the date of your arrest to request a hearing with the ITD to contest your license suspension! Failing to act within this window will result in an automatic suspension, which can last 90 days or longer for a first offense.

This is one of the many reasons why contacting an Idaho DUI attorney immediately after your arrest is essential. A lawyer can represent you at your administrative hearing, protect your driving privileges, and begin preparing your criminal defense.

Implied Consent and BAC Testing in Idaho

Idaho operates under an “implied consent” law (Idaho Code §18-8002). This means that by driving on Idaho roads, you automatically consent to a chemical test (breath, blood, or urine) if law enforcement suspects you of DUI.

If you refuse testing, you face additional penalties, including:

Driver’s license suspension for one year for a first refusal.
License suspension for two years for a second refusal within ten years.
Mandatory installation of an ignition interlock device after suspension.

Additionally, prosecutors can use your refusal as evidence of guilt at trial. Therefore, it’s vital to contact a DUI lawyer in Idaho as soon as possible after any arrest or refusal.

DUI Penalties in Idaho

The penalties for a DUI in Idaho vary depending on whether it’s your first, second, or third offense — and whether there were aggravating factors such as a high BAC, refusal to test, or a crash involving injury.

Below is an overview of the possible penalties:

Offense	Jail Time	Fines	License Suspension	Ignition Interlock Device
First Offense (Misdemeanor)	Up to 6 months	Up to $1,000	90 to 180 days	May be required for up to 1 year
Second Offense (Within 10 years)	10 days to 1 year	Up to $2,000	1 year mandatory	Mandatory 1-year installation
Third Offense (Felony)	30 days to 5 years	Up to $5,000	1 to 5 years	Mandatory installation upon reinstatement
Aggravated DUI (Felony)	Up to 15 years	Up to $5,000	1 to 5 years	Required

Source: Idaho Code §§18-8004, 18-8005, and 18-8006; Idaho Transportation Department.

Beyond these criminal penalties, there are collateral consequences to consider — increased insurance premiums, job loss (especially for commercial drivers), professional license repercussions, and significant personal stress.

Special Circumstances: Aggravated DUI and Felony Charges

A felony DUI in Idaho can result when you have two or more prior DUI convictions within ten years or when your conduct causes serious bodily injury or death to another person (Idaho Code §18-8006).

An aggravated DUI conviction can lead to:

Up to 15 years in prison
Up to $5,000 in fines
Mandatory license revocation for up to five years
Court-ordered substance abuse treatment

Given the severity of these penalties, anyone facing felony DUI charges should seek immediate representation from a seasoned Idaho DUI attorney experienced in high-stakes criminal defense.

Idaho’s Ignition Interlock and Alcohol Monitoring Requirements

Under Idaho law (Idaho Code §18-8008), courts may require the installation of an ignition interlock device (IID) for certain offenders. This device requires a breath test before your vehicle will start and can include random retests while driving.

You are responsible for the costs of installation and monthly monitoring, which can add up quickly. However, a DUI lawyer in Idaho may be able to help you negotiate alternatives or reduce the duration of this requirement.

Some courts also order alcohol monitoring systems, such as SCRAM ankle bracelets or regular urine testing, particularly for repeat offenders.

Underage and Commercial DUI Laws in Idaho

Underage DUI:
If you are under 21 and your BAC is 0.02% or higher, you can be charged with an underage DUI. While penalties are lighter than for adults, they still include license suspension, fines, and alcohol education programs.

Commercial DUI:
Drivers with a CDL face stricter BAC limits (0.04%) and harsher consequences. Even a first offense can result in one-year CDL disqualification, making it critical to hire an Idaho DUI lawyer immediately if you rely on your license for work.

Find An Experienced DUI Attorney in Idaho Near You

Drunk Driving Defense has some of the best DUI lawyers in Idaho on our roster. Click on your city below to find a top-rated Idaho DUI attorney near you.

The DUI Court Process in Idaho

If you’ve been arrested for DUI, your case will typically proceed through the following stages:

Arraignment:
You’ll appear before a judge, be formally charged, and asked to enter a plea (guilty, not guilty, or no contest). If you’re represented by an Idaho DUI attorney, they can often appear with or for you and advise on the best plea strategy.
Pre-Trial Motions and Discovery:
Your lawyer will review police reports, body-cam footage, BAC testing records, and other evidence. If there are issues with how your stop, arrest, or test was conducted, your attorney can file motions to suppress evidence.
Negotiation or Plea Bargain:
Depending on the circumstances, your attorney may negotiate for reduced charges (such as reckless driving or “wet reckless”) or lighter penalties.
Trial:
If no agreement is reached, your case may go to trial. Your attorney will challenge the prosecution’s evidence, question witnesses, and present your defense.
Sentencing:
If convicted, the court will impose penalties based on Idaho’s DUI laws and the details of your case.

Throughout this process, a knowledgeable Idaho DUI lawyer can protect your rights and ensure that law enforcement and prosecutors are held accountable to proper legal procedures.

Common DUI Defenses in Idaho

While every case is unique, there are several common defenses that an experienced Idaho DUI attorney may use to challenge your charges:

Unlawful Traffic Stop: Law enforcement must have reasonable suspicion to pull you over. If the stop was unlawful, any evidence gathered afterward may be inadmissible.
Improper Field Sobriety Tests: Officers must follow specific procedures outlined by the National Highway Traffic Safety Administration (NHTSA). Mistakes can invalidate the results.
Faulty Breathalyzer Calibration: Breath testing devices must be properly maintained and calibrated according to Idaho Department of Health and Welfare standards.
Violation of Implied Consent Procedures: If officers failed to advise you properly of your rights before testing, the results may be excluded.
Medical Conditions or Environmental Factors: Certain health conditions or external factors (such as mouth alcohol, GERD, or road conditions) can mimic impairment.

An experienced DUI lawyer in Idaho will investigate every detail of your arrest to uncover weaknesses in the state’s case and develop a strong, fact-based defense.

How an Idaho DUI Attorney Can Help You

Hiring an Idaho DUI lawyer is one of the most important decisions you’ll make following your arrest. Here’s how a qualified attorney can help protect your rights:

Immediate Case Evaluation: Assessing your arrest details, testing procedures, and legal options.
Representation at the ITD Hearing: Challenging your license suspension and seeking to preserve your driving privileges.
Evidence Review and Analysis: Scrutinizing police procedures, reports, and chemical testing accuracy.
Negotiation with Prosecutors: Seeking reduced charges, lesser penalties, or alternative sentencing options.
Court Representation: Advocating for you at every hearing and trial stage.
Post-Conviction Relief: Helping you with appeals, expungements, or license reinstatement.

Your attorney’s role is not only to defend you in court but also to guide you through the emotional and practical challenges of the DUI process.

Steps to Take Immediately After a DUI Arrest in Idaho

If you’ve been arrested for DUI in Idaho, here’s what you should do next:

Stay Calm and Cooperative: Do not argue with law enforcement or resist arrest.
Exercise Your Right to Remain Silent: Anything you say can be used against you.
Request an Attorney: Politely state that you want to speak with your lawyer before answering questions.
Request the Administrative Hearing: Contact the Idaho Transportation Department within seven days to contest your suspension.
Consult a DUI Lawyer in Idaho Right Away: The sooner you act, the better your chances of a favorable outcome.

Long-Term Consequences of a DUI in Idaho

Beyond legal penalties, a DUI conviction can have lasting consequences:

Increased car insurance premiums for up to five years
Difficulty obtaining certain professional licenses
Travel restrictions to other countries (such as Canada)
Strain on personal and family relationships
Potential impact on custody or employment background checks

These “hidden” consequences often make a strong legal defense even more valuable. An experienced Idaho DUI lawyer can work to mitigate these effects through strategic negotiation, alternative sentencing, or record-sealing efforts when available.

Finding the Right Idaho DUI Attorney

When choosing an attorney, consider the following:

Experience with Idaho DUI law: DUI cases are technical and require deep knowledge of Idaho’s statutes, procedures, and scientific testing standards.
Track record of results: Look for attorneys who have successfully negotiated reductions, dismissals, or acquittals in DUI cases.
Communication and accessibility: Your attorney should keep you informed and accessible throughout the process.
Local court familiarity: Each Idaho county has unique court procedures and personnel. A local lawyer familiar with these nuances can be a major advantage.

You deserve a lawyer who will treat your case with the urgency, diligence, and respect it requires.

Protect Your Future by Taking Action Now

A DUI in Idaho is not the end of the road — but it is a serious matter that demands immediate attention. From the initial arrest to the final court appearance, every step of the process can affect your outcome. The sooner you act, the more options you’ll have to protect your license, your freedom, and your future.

Contact An Experienced DUI Attorney in Idaho Today

If you’ve been arrested for DUI, don’t face this alone. Reach out to an experienced Idaho DUI lawyer who understands the law, the local court system, and the science behind DUI defense.

With the right Idaho DUI attorney by your side, you can take control of your situation, assert your rights, and work toward the best possible resolution.

Call 1-888-839-4384 to speak with a skilled Idaho DUI lawyer near you now.