Idaho DUI Law Explained

In the state of Idaho, it is illegal to drive or be in actual physical control of a motor vehicle while under the influence of alcohol, drugs, and/or any other intoxicating substances. "Actual physical control" is defined as being in the driver's position of the motor vehicle with the motor running or with the motor vehicle moving. In Idaho, persons may be arrested for DUI even if they are driving on private property at the time of the offense.

Persons who submit to chemical testing that reveals an unlawful blood alcohol content (BAC) will be charged with driving under the influence (DUI). Persons who refuse chemical testing, or whose chemical test result is considered unreliable and therefore inadmissible in court, will be charged with driving or being in actual physical control of a motor vehicle while under the influence (DWI).

Definitions of the types of Idaho drunk driving charges

PER SE DUI - It is unlawful for a person who has a blood alcohol content (BAC) of .08 or higher, as shown by blood, breath, or urine analysis to drive or be in actual physical control of a motor vehicle within the state.

COMMERCIAL VEHICLE DRIVERS - Idaho law prohibits persons under the influence of alcohol, drugs, and/or any other intoxicating substances from driving or being in actually physical control of a commercial vehicle in the state. The "per se" legal limit for commercial vehicle drivers is .04. Commercial vehicle drivers who have a BAC of .04 or higher may be arrested and charged with DUI.

MINORS - Persons under the age of 21 are prohibited from driving a vehicle with a BAC of .02 or higher.

AGGRAVATED DUI - Any person who causes great bodily harm, permanent disability or permanent disfigurement to any person other than himself as a result of a DUI violation will be charged with aggravated DUI, a felony offense.

VEHICULAR MANSLAUGHTER - A person commits the crime of vehicular manslaughter (a felony offense) if he causes the death of another person, without malice, by driving a motor vehicle while under the influence.

ENHANCED PENALTIES - persons who are arrested for DUI with a BAC of .20 or higher will recieve enhanced penalties.