Learn the consequences of drunk driving in Idaho
This article provides a comprehensive guide to Idaho's drunk driving laws, potential consequences for offenders, and the legal options available for those who have been injured in a DUI-related accident.
Imagine you’re on your way home after a long day of work, looking forward to a relaxing evening with your family, when a driver traveling the wrong way on a one-way street slams into your vehicle.
In Idaho, drunk driving is a serious offense with severe consequences. As an Idaho resident, it's important to understand the state's drunk driving laws, potential consequences for offenders, and the legal options available for those who have been injured in a DUI-related accident.
Let’s take a closer look.
Drunk driving laws in Idaho
Idaho's drunk driving laws are codified under the Idaho Statutes, Title 18, Chapter 80. The primary statute governing drunk driving is Idaho Code § 18-8004, which makes it unlawful to operate a motor vehicle while under the influence of alcohol, drugs, or any combination thereof.
More specifically, it is illegal to drive:
- With a blood alcohol concentration (BAC) of 0.08% or higher;
- While under the influence of alcohol or drugs, to the extent that your ability to operate a motor vehicle is impaired;
- With a BAC of 0.04% or higher if you’re operating a commercial vehicle.
Many Idahoans don’t realize they can be charged with driving under the influence (DUI) even if they have a BAC lower than the legal limit. Don’t make this mistake. Under Idaho Code § 18-8004, you can be charged with a DUI even if your BAC is under the legal limit if the drugs or alcohol in your system are impairing your ability to operate your motor vehicle.
Evidence used to support this charge may include:
- Erratic driving
- Poor performance on a field sobriety test
- Slurred speech
- Odd behavior
- An admission of being impaired
Penalties for drunk driving in Idaho
The penalties for drunk driving in Idaho vary depending on the severity of the offense and the offender's prior record. In general, the penalties are as follows:
| Offense | Jail time | Fines | License suspension | Installation of a Breath Alcohol Ignition Interlock Device (BAIID) |
|---|---|---|---|---|
| First offense | Up to 6 months | Up to $1,000 | 90-180 days | No |
| Second offense (within 10 years) | 10 days to 1 year | Up to $2,000 | 1 year | Yes |
| Third offense (within 10 years) | 30 days to 5 years | Up to $5,000 | 1-5 years | Yes |
What’s more, drunk drivers can receive enhanced penalties if their BAC is 0.20 percent or greater, or if they cause serious injury to another person.
Implied consent law
Under Idaho's implied consent law, found in Idaho Code § 18-8002, drivers are deemed to have given their consent to a chemical test of their breath, blood, or urine for the purpose of determining their BAC or the presence of drugs.
If a driver refuses to submit to such testing, their license will automatically be suspended for one year for a first refusal and two years for a second or subsequent refusal within 10 years. What’s more, the driver will be issued a fine of $250.
Dram shop liability in Idaho
Dram shop laws hold establishments that sell alcohol (restaurants, bars, theaters, etc.) responsible for serving intoxicated patrons who later cause an accident.
Idaho's dram shop law, found in Idaho Code § 23-808, provides that individuals injured by a drunk driver may have a cause of action against the establishment that served alcohol to the intoxicated driver. This law allows accident victims to seek compensation from the alcohol vendor only if they can prove that the vendor:
- Sold, served, or otherwise provided alcohol to the driver;
- Knew or reasonably should have known that the driver was “obviously intoxicated” or under the legal drinking age;
- The driver's intoxication was a proximate cause of the accident and the victim's injuries.
Compensation in Idaho drunk driving accidents
If you’re injured in a car accident caused by an intoxicated driver, you can file an insurance claim like you would in any other car accident.
You may need to file a personal injury lawsuit against the drunk driver if:
- The drunk driver is uninsured, and you don’t have uninsured motorist coverage,
- The drunk driver’s insurance company doesn’t offer you enough money to settle, or
- Your damages exceed the drunk driver’s policy limits.
Keep in mind that in order to recover damages, you’ll need to prove that the drunk driver caused your accident. Be sure to call the police after an accident with an intoxicated driver. The police can conduct a field sobriety test and draft a report that may help support your claim down the road.
Depending on the circumstances of your case, you may be able to recover damages for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
In addition, if the drunk driver's conduct was particularly egregious or reckless, you may also be awarded punitive damages, which are designed to punish the wrongdoer and deter similar conduct in the future.
Learn more about the types of compensation available in a drunk driving accident.
The role of a personal injury attorney in a drunk driving case
You don’t always need to consult with an attorney after a car accident, but it’s typically a good idea if you’ve suffered physical injuries.
An experienced car accident attorney can help you:
- Investigate your case and gather evidence to establish liability,
- Navigate the legal system and ensure that your rights are protected,
- Negotiate with insurance companies on your behalf to secure a fair settlement, and
- If necessary, represent you in court and present a compelling case to the jury.
In addition to these services, a skilled attorney can provide valuable guidance and support throughout the legal process, helping to alleviate the stress and uncertainty that often accompany drunk driving cases.
Not sure if you need an attorney? These resources can help:
- Why hire a car accident lawyer?
- Do I really need a personal injury attorney?
- When do I NOT need an attorney after an accident?
Drunk driving accidents can cause devastating injuries and lifelong consequences for victims and their families. It is crucial for those affected by these accidents to understand Idaho's drunk driving laws and their rights under those laws. If you or a loved one has been injured in a drunk driving accident, we encourage you to seek the assistance of an Idaho personal injury attorney.
See our guide Choosing a personal injury attorney.