Intoxicated driving contributes to many traffic accidents, injuries, and fatalities across all age ranges, both in Idaho and nationwide. According to the latest available data,
14.3 percent
of Idaho minors consume alcohol in any given month, with 9.1 percent of those minors indulging in binge drinking within the same period.
A minor charged with driving under the influence can face some significant penalties, from license suspension and supervised probation to fines and jail time. If you or another minor in your life have wound up in this situation, understand Idaho DUI laws and your potential legal options. Consider the following four key points.
1. The Law Sets a Low Intoxication Bar for Minors
Idaho law enforcement officials can charge adults with DUI if they register a blood alcohol content (BAC) of 0.08 percent (or 0.04 percent for drivers of commercial vehicles). The amount of alcohol needed to reach this level depends on a variety of factors, from gender and weight to alcohol tolerance and speed of consumption.
For Idaho residents under the age of 21, however, the bar indicating intoxication rests much lower. A BAC reading of just 0.02 percent will earn a minor driver a DUI charge. Legal authorities sometimes refer to these low-level charges as minor DUI or baby DUI, partly because they draw less severe charges than a standard DUI.
2. Idaho Enforces Implied Consent for Alcohol Testing
You might assume that, since blood alcohol testing plays a crucial role in determining intoxication behind the wheel, you can avoid an arrest and criminal charges simply by refusing to have yourself tested. Unfortunately, this strategy often backfires, causing intoxicated minors and adults alike to suffer unforeseen consequences.
According to Idaho's implied consent laws, you must submit to a request for blood alcohol testing at an officer's request. If you refuse, you could receive a $250 fine and an automatic license suspension on top of whatever other penalties you get. Your refusal may also serve as additional evidence against you in court.
3. Minor DUI Offenders Can Face Serious Penalties
State law enforces a zero-tolerance policy toward underage drinking and driving. This policy guarantees that even first-time offenders will receive some sort of penalty if found guilty of DUI. These
penalties
will include an alcohol evaluation or counseling, a fine of up to $1,000, and a
suspended driver's license.
The license suspension covers a one-year period, with no allowances or exceptions made for the first 90 days. After this period has ended, the court has the option to grant your request for limited driving privileges for commuting to work or for emergency situations.
Repeated Offenses
for minors can earn even more serious penalties. A second DUI offense will cost you between $500 and $2,000 in fines as well as a jail term of five to 30 days. You will receive a license suspension of at least one year and possibly up to two years, plus a mandatory alcohol evaluation.
Even after you have completed the mandatory part of your license suspension, you will need to equip your vehicle with an ignition interlock device (or only drive vehicles already equipped with such devices). An ignition interlock contains an alcohol-testing monitor that allows the car to start only after you blow an acceptable BAC.
A third offense within a five-year period will require you to pay a fine of $1,000 to $2,000, undergo an alcohol evaluation, and complete a jail term ranging from ten days and six months. You will also receive a license suspension until you reach the age of 21 or for at least one year, after which you must use an ignition interlock.
4. A Valid Defense Might Get Your Case Dismissed
Even under Idaho's zero-tolerance policy, you might have legal grounds for receiving the minimum allowable penalties or even dismissing your case altogether. For instance, you might agree to plead guilty to a reckless charge, a lesser offense. A skilled attorney may also help you explore other plea bargaining options.
A DUI charge made under questionable circumstances may open the door to a dismissal. For instance, if your arresting officer did not observe multiple indicators of your intoxication (as opposed to simply noting one irregularity in your driving habits), your attorney may argue that the office has insufficient grounds to investigate further.
Sometimes, the tests used to determine intoxication can prove less than totally reliable. Your attorney may choose to remind the court of how even sober people can have trouble passing a physical coordination test. Your attorney might also contest the reliability of a borderline BAC reading.
Hart Law Offices, P.C., can evaluate your DUI case, look for mitigating circumstances or grounds for dismissal, and help you defend yourself as successfully as possible.
Contact Us today for a free consultation. We look forward to helping you.