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January 5, 2026

What Happens When You Get a DUI in Idaho?

Martens Law Office
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Getting arrested for a DUI in Idaho can be frightening and confusing, especially if it is your first encounter with the criminal justice system. Many people are unsure of what happens next, whether they will lose their license, or how serious the penalties might be. What you do in the hours and days following a DUI arrest can have a major impact on the outcome of your case.

At Martens Law Office, we help individuals in Boise and throughout Idaho understand their rights and navigate the DUI process from start to finish. One of our experienced criminal defense attorneys can help you understand your rights and give you insight as to how your case may proceed. Knowing what to expect after a DUI arrest can help you make informed decisions and avoid costly mistakes while your case is pending.

What to Expect Right After a DUI Arrest in Boise

A DUI arrest in Boise typically begins with a traffic stop. An officer may pull you over for suspected impaired driving, a traffic violation, or at a sobriety checkpoint. During the stop, the officer may ask questions, observe your behavior, and request that you perform field sobriety tests. You may also be asked to submit to a breath test using a portable breathalyzer.

If the officer believes there is probable cause to arrest you for DUI, you may be taken into custody. This usually involves being transported to a police station or jail for additional chemical testing and booking. Booking may include fingerprinting, photographs, and paperwork related to the charges.

It is important to remain calm and respectful during this process, but you are not required to answer questions beyond providing basic identification. Avoid making statements about drinking or driving, and contact an attorney as soon as possible before discussing your case with law enforcement or prosecutors.

Understanding Idaho’s DUI Process

DUI cases in Idaho involve two separate processes that happen at the same time: an administrative case involving your driver’s license and a criminal court case. Understanding how these processes work is critical to protecting your driving privileges and your record.

The Initial Arrest and Charges

Idaho has specific blood alcohol concentration limits depending on the type of driver. For most adult drivers, the legal limit is 0.08%. Drivers under the age of 21 are subject to a much lower limit of 0.02%, reflecting Idaho’s zero-tolerance policy. Commercial drivers are held to a 0.04% limit.

After the arrest, prosecutors file criminal DUI charges based on the evidence collected. This criminal case determines whether you are convicted and what penalties you may face.

The Role of the Idaho Transportation Department

Separate from the criminal case, the Idaho Transportation Department can impose an automatic license suspension under Idaho Code §18-8002A if you fail or refuse a chemical test. This administrative suspension can begin quickly, often before you ever appear in court.

You generally have only seven days from the date of arrest to request an administrative hearing to challenge the suspension. If you do not request a hearing in time, your license suspension will go into effect automatically. In many cases, you may be issued a temporary permit that allows limited driving while your case is pending. A DUI attorney can request the hearing, represent you, and challenge the suspension on your behalf.

The Criminal Court Process

The criminal DUI case proceeds through the court system and typically includes an arraignment, pretrial hearings, possible plea negotiations, and sentencing if there is a conviction. At arraignment, you are formally advised of the charges and enter a plea.

During pretrial proceedings, your attorney may challenge the legality of the traffic stop, the administration of field sobriety tests, or the accuracy of breath or blood testing. Prosecutors must prove that the stop was lawful and that you were driving under the influence. A strong defense can sometimes lead to reduced charges or dismissal.

DUI Penalties and Sentencing in Idaho

The penalties for DUI in Idaho depend on whether it is a first offense, a repeat offense, or an aggravated DUI. Even a first offense can carry significant consequences.

First-Offense DUI Penalties

A first DUI conviction in Idaho can result in up to six months in jail, fines of up to $1,000, and a license suspension ranging from 90 to 180 days. Courts often require an alcohol evaluation and completion of recommended treatment. In some cases, an ignition interlock device may be required before driving privileges are restored.

Repeat or Aggravated DUI Penalties

Repeat DUI offenses carry harsher penalties, including longer jail sentences, higher fines, and extended license suspensions or revocations. Certain circumstances can elevate a DUI to a felony, such as multiple prior convictions or causing serious injury to another person. Aggravated DUI charges involve much higher stakes and can result in prison time.

Impact on Commercial Drivers and Under-21 Offenders

Commercial drivers face additional consequences, including disqualification of their commercial driver’s license, which can directly impact their livelihood. Drivers under 21 are subject to zero-tolerance rules, and even low BAC levels can lead to license suspension and lasting consequences on their driving record.

Beyond the Courtroom: The Real-World Consequences of a DUI

A DUI conviction can affect far more than just fines or jail time. Many people experience increased insurance premiums or policy cancellations. Employment can also be impacted, especially for jobs that involve driving, professional licenses, or background checks.

A DUI can damage your reputation, strain family relationships, and limit travel opportunities. Some countries restrict entry for individuals with DUI convictions, and future background checks may reveal the offense for years to come.

Defenses and Legal Options After a DUI Arrest

Not every DUI arrest results in a conviction. An experienced attorney carefully examines the details of your case to identify possible defenses. This may include challenging whether the officer had probable cause to stop your vehicle, whether field sobriety tests were administered properly, or whether breath or blood tests were accurate and reliable.

Attorneys also review chain of custody for blood samples, calibration records for testing devices, and compliance with required procedures. In some cases, it may be possible to negotiate reduced charges or alternative sentencing options such as probation, treatment programs, or diversion.

How Martens Law Office Defends DUI Cases in Boise

At Martens Law Office, we take a thorough and strategic approach to defending DUI cases in Boise and throughout Idaho. Our team understands Idaho DUI laws, local court procedures, and the administrative rules governing license suspensions. We focus on identifying weaknesses in the prosecution’s case while protecting our clients’ rights at every stage.

When you work with Martens Law Office, our DUI defense services include:

Our firm works closely with clients to protect driving privileges whenever possible and pursue the best possible outcome based on the facts of each case. If you have been arrested for a DUI in Idaho, having experienced legal representation can make a meaningful difference in your future and your freedom.

If you are facing a DUI charge, contact us today at (208) 344-0994 for your free, confidential consultation. One of our experienced DUI attorneys will discuss your situation and tell you how we can help protect your rights and your future.

Feel free to reach out and speak with our experienced team of professionals who are here to provide you with expert guidance.
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