In Idaho, if you have been charged with DUI, there are two (2) parallel proceedings which occur simultaneously. The “administrative license suspension” process is handled by the Idaho Transportation Department. The “criminal DUI charge” is the court process.

Administrative License Suspension Process

• Governed by Idaho Code § 18-8002.
• You must request a hearing within seven (7) days of receiving the Notice of Administrative License Suspension.
• You have the burden of proof, by a preponderance of the evidence, you were not in actual physical control of a motor vehicle while intoxicated or your constitutional rights were violated during the process.
• If you fail to carry your burden, your driver's license will be suspended for an amount of time determined by statute but dependent upon:
  • Number of prior DUI's;
  • Blood Alcohol Concentration (> 0.20% is an “aggravated DUI”).
  • If you do not request a hearing, your license will be suspended by the Idaho Department of Transportation.
  • If you refuse an evidentiary test, you may be subject to a longer license suspension.

Criminal DUI Charge

• Governed by Idaho Code § 18-8002A; -8003 through -8006.
• Can be a misdemeanor (less than 1 year in jail) or a felony (1 year or more in prison).
• The government has the burden of proving beyond a reasonable doubt, you were in actual physical control of a motor vehicle while intoxicated.
• We will request “discovery” from the government and will be given all the evidence against you.
• We will review the information provided by the government to determine whether your constitutional rights were violated during the initial encounter or any time during the process. If they were, the evidence against you could be subject to suppression.
• Many times, a plea agreement can be reached; sometimes, it cannot.
• If you refused an evidentiary test, that fact can be used against you at trial.
• Your sentence will depend on many factors including:
  • Number of prior DUIs; and
  • Blood Alcohol Concentration (> 0.20% is an “aggravated DUI”).

A DUI charge is serious. It can carry with it a jail/prison sentence, a fine, and a license suspension. The government is represented by an attorney; you also should be represented by an attorney. A good DUI lawyer will assist you in getting the best possible outcome for your DUI case.