Idaho Underage DUI Offense
Minor or Underage DUI
In Idaho, if you are under the age of 21 years it is illegal to drive with a blood alcohol level (BAC) of .02 or higher. However, it is also illegal to drink at all if you are under age 21, therefore it is likely that you will be cited with either Underage Consumption or Minor DUI.
1st Offense - There is fine of up to $1,000 and a one year license suspension, with 90 days absolute, where no restricted privileges are allowed. If you are in juvenile court the rules are different.
2nd Offense - There is a minimum of five days with the possibility of up to 30 days in jail. The minimum fine is $500 and can be as high as $2,000. There is a two year license suspension with no restricted privileges for one year, and an ignition interlock device is required on all vehicles you drive after the suspension.
3rd Offense - There is a minimum of 10 days with the possibility of up to six months in jail. The minimum fine is $1,000 and can be as high as $2,000. There is a license suspension of one year or until age 21 whichever is longer, and an ignition interlock device is required on all vehicles you drive after the suspension.
Possible Defenses
At Keith Barton & Associates, we have an experienced criminal defense team that will comprehensively analyze the facts of your case and prepare the best legal defense. The goal in every case is to determine whether a legal or factual argument can be made that can result in a dismissal of the charges or an acquittal after trial, or alternatively, to mitigate the penalties associated with a conviction.
There are many defenses to DUI charges. DUI charges are complicated and technical and depend a great deal on the accuracy of police actions. The police officer is required to administer the Standard Field Sobriety Tests (SFSTs) accurately, otherwise the results cannot be trusted and may be excluded from evidence. Also, if the breath test is not administered properly or if the officer did not observe you for a period of time before administering the breath test, the result cannot be trusted and could be excluded from evidence. For the prosecution to have a solid DUI case against you the police officer must do everything properly and accurately. It is important to retain an attorney who understands the complexity of a DUI case and is experienced in successfully asserting these and other defenses.
