If you or your child has been charged with an underage DUI in Boise or elsewhere in the Treasure Valley, the situation deserves immediate, focused attention. Idaho law treats an alcohol concentration of 0.02 or higher, but less than 0.08, differently for drivers under 21 than for adult drivers. An underage DUI is a misdemeanor, but a conviction can still bring serious consequences, including loss of driving privileges, court-ordered requirements, fines, and concerns about a young person’s education, employment, and future.
At Martens Law Office, Jared Martens works directly with clients through every stage of the criminal process. As an experienced Boise underage DUI lawyer, he examines the stop, arrest, chemical testing, and every other detail that may affect the case. The goal is to pursue the strongest available outcome, whether that involves seeking dismissal, challenging the evidence, negotiating a favorable resolution, or taking the case to trial when necessary.
Under Idaho Code § 18-8004(1)(d), it is unlawful for a person under 21 to drive or be in actual physical control of a motor vehicle with an alcohol concentration of at least 0.02 but less than 0.08. This lower threshold is often described as Idaho’s underage or “zero-tolerance” DUI law, though the statutory threshold is 0.02 rather than zero. The law can apply on public roads and on public or private property open to the public.
For drivers 21 and older, the per se alcohol-concentration threshold for a standard DUI is 0.08. A driver under 21 may therefore face an underage DUI charge at an alcohol level that would not, by itself, trigger a standard adult DUI charge.
An underage DUI charge is not something to dismiss as a minor traffic matter. Idaho Code § 18-8004A makes a violation a misdemeanor, and the consequences can include a lengthy loss of driving privileges, alcohol evaluation and treatment requirements, fines, and escalating penalties after prior qualifying DUI-related convictions.
If you or your child is facing an underage DUI allegation, do not assume a reported BAC result resolves every legal question in the case. Speak with an underage DUI attorney for a careful review of the evidence. Call Martens Law Office at (208) 344-0994 to discuss the circumstances in a free consultation.
The penalties under Idaho Code § 18-8004A depend heavily on whether the driver has qualifying prior DUI-related convictions. Prior DUI-related convictions and other qualifying case outcomes can affect the penalties that apply. Depending on the circumstances, additional sentencing requirements may apply under Idaho law.
Any person who pleads guilty to or is found guilty of an underage DUI must obtain an alcohol evaluation before sentencing. The Idaho court will generally require the young driver to follow the evaluation’s recommendations. Depending on the evaluation, those recommendations may range from alcohol education to inpatient alcohol-treatment services.
In addition, the Idaho court must suspend the person’s driving privileges for one year. The first 90 days of the suspension are absolute, meaning the court cannot grant any driving privileges during that time. After the first 90 days, the court may grant restricted driving privileges for the remaining nine months of the suspension.
Restricted privileges may allow the person to drive to and from school or work, drive for work-related purposes while on the job, and travel to medical appointments. The court may also impose a fine of up to $1,000. Idaho Code § 18-8004A does not typically impose mandatory jail time for a first underage DUI offense.
Penalties increase substantially when a person under 21 pleads guilty to or is found guilty of a second qualifying underage DUI offense within five years. This applies when the driver has an alcohol concentration of at least 0.02 but less than 0.08 and has a qualifying prior DUI-related conviction.
The court must impose at least five days in jail and may impose up to 30 days in jail. The court must also impose a fine of at least $500 and may impose a fine of up to $2,000.
In addition, the court must suspend the person’s driving privileges for at least one year. The first year of the suspension is absolute, meaning the person cannot receive any driving privileges during that period. The court may suspend driving privileges for up to two years.
After the one-year absolute suspension, the driver must install an ignition interlock device in every motor vehicle they operate. An ignition interlock device requires the driver to provide a breath sample before the vehicle will start. The device is intended to prevent a vehicle from starting if alcohol is detected.
As with a first underage DUI offense, the court will generally require an alcohol evaluation and may require the individual to comply with applicable evaluation and treatment recommendations. The court may also impose probation. Depending on the circumstances of the case and the court’s order, probation may be supervised or unsupervised.
Penalties become significantly more severe when a person under 21 pleads guilty to or is found guilty of three or more qualifying underage DUI offenses within five years. This applies when the driver has an alcohol concentration of at least 0.02 but less than 0.08 and has two or more qualifying prior DUI-related convictions.
The court must impose at least 10 days in jail and may impose up to six months in the county jail. The court must also impose a fine of at least $1,000 and may impose a fine of up to $2,000.
In addition, the court must suspend the person’s driving privileges for at least one year, or until the person reaches age 21, whichever period is longer. This can be an especially serious consequence for a driver who is 16 or 17 years old, as the suspension may continue for several years.
After the required one-year suspension period ends, the driver must install an ignition interlock device in every motor vehicle they operate. The court will generally require an alcohol evaluation and may order the person to complete treatment or other requirements based on the evaluation. The court may also impose supervised or unsupervised probation and require attendance at a victim impact panel.
A third underage DUI allegation can have lasting consequences for a young driver’s freedom, license, finances, and future. Speaking with an experienced Boise underage DUI lawyer as soon as possible can help ensure the evidence and available defense options receive the attention they deserve.
An underage DUI accusation can affect more than a driver’s license. Even a first offense may create personal, practical, and educational challenges at a critical point in a young person’s life.
Potential effects may include:
A charge does not equal a conviction, and the facts of every case matter. An underage DUI defense attorney can help identify legal and factual issues that may affect the prosecution’s ability to prove its case. Martens Law Office provides one-on-one legal guidance for young drivers and families in Boise and across the Treasure Valley. Call (208) 344-0994 to schedule a free consultation.
An underage DUI case should be investigated carefully rather than treated as automatic because of a reported BAC result. Jared Martens prepares cases from the ground up, reviewing the events before the stop, the officer’s observations, the arrest, the testing process, and the evidence the prosecution intends to use.
Depending on the facts, potential defense issues may include:
Idaho law allows the prosecution to proceed on other competent evidence in certain situations, including when a person does not take an alcohol-concentration test or a test is determined to be unreliable or inadmissible. That makes a thorough review of the entire case, not just the test result, essential.
A knowledgeable underage DUI lawyer can also evaluate whether negotiation, diversion-related options where available, a charge reduction, a motion to suppress evidence, or trial preparation is the right approach. There is no one-size-fits-all defense. The best strategy depends on the evidence, the client’s history, and what is at stake for that client’s future.
Whether an underage DUI record can be expunged, sealed, or shielded from public disclosure depends on several factors, including the driver’s age, the court handling the case, the charge, and how the case was resolved.
In limited situations, Idaho law may allow a person to seek relief involving arrest-related criminal-history records or court records after an acquittal, dismissal, or another qualifying outcome. Idaho also offers record-shielding relief for certain eligible records, but shielding is not the same as destroying or erasing a record.
For eligible records, a request generally cannot be made until at least five years after the person completes the entire sentence, including probation, fines, restitution, and other court-ordered obligations. Eligibility is limited, and the court must determine that the statutory requirements have been met.
Before assuming that a juvenile offense can be removed from public view, speak with Martens Law Office about the exact charge, case outcome, and available options.
Underage DUI cases require more than a quick review of the ticket or BAC result. They require a defense strategy built around the details of the stop, the evidence, the young driver’s goals, and the consequences a conviction may create.
When you work with Martens Law Office, you receive:
An underage DUI charge can move quickly, and early legal guidance can make a meaningful difference. For direct, one-on-one help from Jared Martens, contact Martens Law Office online or call (208) 344-0994 for a free consultation.
