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Idaho DUI Laws

A DUI offense in Idaho is a serious offense that should not be taken lightly. For a first time offender a DUI is a misdemeanor; however, a second and third time offender will receive a felony. Needless to say the penalties increase as the number of DUI’s goes up. No matter how many or how few previous offences you have it will be recorded on your criminal record, and become a public record.

To get a DUI in Idaho an individual must:

(1) be in “actual, physical control of a motor vehicle” (ie: that you are in the driver seat with the keys in the ignition or you are actually driving the car).

(2) While the individual is in “actual, physical control of a vehicle” they are under the influence of drugs, alcohol, or any other intoxicating substance.

Note, this BAC limit may vary depending on factors like age and occupation, and may effect   the levels of alcohol that are permitted to be in the drivers system. Drivers under the age of 21 must have a BAC lower than .02. Drivers who are commercial drivers will get a DUI for a BAC of .04, and face stiffer penalties when they are found to be in violation of the law.

(3) Any individual who satisfies both (1) and (2) automatically gives consent to be tested for the presence of drugs and alcohol.


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