MOSCOW IDAHO DUI
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1. Maximum Penalties:
(1) Persons under 21 with less than 0.08 alcohol concentration
(a) Shall be fined an amount not to exceed one thousand
dollars ($1,000);
(b) Shall have his driving privileges suspended by the court for
a period of one (1) year, ninety (90) days of which shall not
be reduced and during which period absolutely no driving
privileges of any kind may be granted.
(2) 2nd Offense (under 21)
(a) Shall be sentenced to jail for a mandatory minimum period of
five (5) days, not to exceed thirty (30) days;
(b) Shall be fined an amount of not less than five hundred
dollars ($500) nor more than two thousand dollars ($2,000);
(c) Shall have his driving privileges suspended by the court for
a period not to exceed two (2) years,
(d) Shall, while operating a motor vehicle, be required to drive only
a motor vehicle equipped with a functioning ignition
interlock system, as provided in section 18-8008, Idaho
Code,
(1) 1st Offense (over 21)
(a) May be sentenced to jail for a term not to exceed six (6) months;
(b) May be fined an amount not to exceed one thousand
dollars ($1,000);
(d) Shall have his driving privileges suspended by the court for
a period of thirty (30) days which shall not be reduced and
during which thirty (30) day period absolutely no driving
privileges of any kind may be granted. After the thirty (30) day
period of absolute suspension of driving privileges has passed,
the defendant shall have driving privileges suspended by the
court for an additional period of at least sixty (60) days, not to
exceed one hundred fifty (150) days during which the defendant
may request restricted driving privileges which the court may
allow,
(2) 2nd Offense within 10 years (over 21)
(a) Shall be sentenced to jail for a mandatory minimum period of
not less than ten (10) days the first forty-eight (48) hours of
which must be consecutive, and five (5) days of which must
be served in jail, as required by 23 U.S.C. section 164, and may
be sentenced to not morethan one (1) year, provided however,
that in the discretion of thesentencing judge, the judge
may authorize the defendant to be assigned to a work detail
program within the custody of the county sheriff
during the period of incarceration;
(b) May be fined an amount not to exceed two thousand
dollars ($2,000);
(d) Shall surrender his driver's license or permit to the court;
(e) Shall have his driving privileges suspended by the court for
an additional mandatory minimum period of one (1) year
after release from confinement, during which one (1) year
period absolutely no driving privileges of any kind may be
granted; and
(f) Shall, while operating a motor vehicle, be required to drive only
a motor vehicle equipped with a functioning ignition
interlock system, as provided in section 18-8008, Idaho
Code, following the one (1) year mandatory license
suspension period.
(3) 3rd Offense (or more) within 10 years (over 21) FELONY
(a) Shall be sentenced to the custody of the state board of
correction for not to exceed ten (10) years; the defendant shall
be sentenced to the county jail for a mandatory
minimum period of not less than thirty (30) days, the first
forty-eight (48) hours of which must be consecutive, and ten
(10) days of which must be served in jail
(b) May be fined an amount not to exceed five thousand
dollars ($5,000);
(c) Shall surrender his driver's license or permit to the court;
(d) Shall have his driving privileges suspended by the court for
a mandatory minimum period of one (1) year after release
from imprisonment, and may have his driving privileges
suspended by the court for not to exceed five (5) years after
release from imprisonment, during which time he shall have
absolutely no driving privileges of any kind; and
(e) Shall, while operating a motor vehicle, be required to drive only
a motor vehicle equipped with a functioning ignition
interlock system, as provided in section 18-8008, Idaho
Code, following the mandatory one (1) year license
suspension period.
(1) Persons under 21 with less than 0.08 alcohol concentration
(a) Shall be fined an amount not to exceed one thousand
dollars ($1,000);
(b) Shall have his driving privileges suspended by the court for
a period of one (1) year, ninety (90) days of which shall not
be reduced and during which period absolutely no driving
privileges of any kind may be granted.
(2) 2nd Offense (under 21)
(a) Shall be sentenced to jail for a mandatory minimum period of
five (5) days, not to exceed thirty (30) days;
(b) Shall be fined an amount of not less than five hundred
dollars ($500) nor more than two thousand dollars ($2,000);
(c) Shall have his driving privileges suspended by the court for
a period not to exceed two (2) years,
(d) Shall, while operating a motor vehicle, be required to drive only
a motor vehicle equipped with a functioning ignition
interlock system, as provided in section 18-8008, Idaho
Code,
(1) 1st Offense (over 21)
(a) May be sentenced to jail for a term not to exceed six (6) months;
(b) May be fined an amount not to exceed one thousand
dollars ($1,000);
(d) Shall have his driving privileges suspended by the court for
a period of thirty (30) days which shall not be reduced and
during which thirty (30) day period absolutely no driving
privileges of any kind may be granted. After the thirty (30) day
period of absolute suspension of driving privileges has passed,
the defendant shall have driving privileges suspended by the
court for an additional period of at least sixty (60) days, not to
exceed one hundred fifty (150) days during which the defendant
may request restricted driving privileges which the court may
allow,
(2) 2nd Offense within 10 years (over 21)
(a) Shall be sentenced to jail for a mandatory minimum period of
not less than ten (10) days the first forty-eight (48) hours of
which must be consecutive, and five (5) days of which must
be served in jail, as required by 23 U.S.C. section 164, and may
be sentenced to not morethan one (1) year, provided however,
that in the discretion of thesentencing judge, the judge
may authorize the defendant to be assigned to a work detail
program within the custody of the county sheriff
during the period of incarceration;
(b) May be fined an amount not to exceed two thousand
dollars ($2,000);
(d) Shall surrender his driver's license or permit to the court;
(e) Shall have his driving privileges suspended by the court for
an additional mandatory minimum period of one (1) year
after release from confinement, during which one (1) year
period absolutely no driving privileges of any kind may be
granted; and
(f) Shall, while operating a motor vehicle, be required to drive only
a motor vehicle equipped with a functioning ignition
interlock system, as provided in section 18-8008, Idaho
Code, following the one (1) year mandatory license
suspension period.
(3) 3rd Offense (or more) within 10 years (over 21) FELONY
(a) Shall be sentenced to the custody of the state board of
correction for not to exceed ten (10) years; the defendant shall
be sentenced to the county jail for a mandatory
minimum period of not less than thirty (30) days, the first
forty-eight (48) hours of which must be consecutive, and ten
(10) days of which must be served in jail
(b) May be fined an amount not to exceed five thousand
dollars ($5,000);
(c) Shall surrender his driver's license or permit to the court;
(d) Shall have his driving privileges suspended by the court for
a mandatory minimum period of one (1) year after release
from imprisonment, and may have his driving privileges
suspended by the court for not to exceed five (5) years after
release from imprisonment, during which time he shall have
absolutely no driving privileges of any kind; and
(e) Shall, while operating a motor vehicle, be required to drive only
a motor vehicle equipped with a functioning ignition
interlock system, as provided in section 18-8008, Idaho
Code, following the mandatory one (1) year license
suspension period.
T h e L a w O f f i c e s o f MAGYAR, RAUCH & THIE, PLLC
326 E 6th Moscow Idaho 83843
208-882-1906
326 E 6th Moscow Idaho 83843
208-882-1906