Harrison & Smyth, P.A.

Is The Driver’s License Immediately Confiscated Upon A DUI Arrest?


Usually. I’ve had some clients where their driver’s license was not taken, but typically it is taken. If you have refused to take a test or failed the test then they will issue a notice of suspension and give you a temporary permit that is good for 30 days. At the end of 30 days, the suspension goes into effect unless you’ve challenged it based upon an illegal stop or other reason and the court has agreed with your position.

Does Idaho Offer Temporary Occupational Licenses? How Can Someone Qualify For That?

Idaho does offer hardship or occupational work licenses. After the initial arrest, you have your temporary permit for 30 days. After that if you have pled guilty to a DUI charge, the court will suspend your license for a mandatory minimum of 30 days, if this is a first offense. After 30 days, you can request restricted driving privileges to get to employment or family health needs. If this is your second offense DUI, then it is a one year mandatory license suspension. If you refuse a test, the State will suspend your license for a year on your first refusal. On your second refusal in 10 years, the State will suspend your license for two years. Refusing to blow can have serious consequences.

What Are The Potential Penalties Associated With DUI Convictions In Idaho?

For a first offense DUI for those that are 21 years or older, it’s a misdemeanor conviction which can be up to 6 months in jail and up to a $1000 fine. Your driver’s license is going to be suspended for 90 days and the court may suspend it for up to 6 months. The first 30 days there will be no driving privileges of any kind. After the mandatory 30 day period, a person can request restricted driving privileges to get to work or for family health needs. The court will also order you to undergo an alcohol evaluation and follow the recommendations.

A second offense occurs when you have a second DUI within 10 years. The prior conviction can come from a DUI in another state or this state, even if on the prior charge you were granted a withheld judgement. A second offense is a misdemeanor conviction, with a mandatory minimum jail of 10 days. The first 48 hours must be consecutive and at least 5 days must be served in jail. They can give you up to one year in jail or a $2000 fine, your driver’s license suspended for a mandatory one year period from the time you are released from jail with no driving privileges of any kind. After the one year license suspension, the court can require a person to only drive with a vehicle which has an ignition interlock system. Once again you will undergo an alcohol evaluation and follow the recommendations.

If you’ve been convicted of a third DUI within 10 years then it is a felony conviction with a mandatory minimum of 30 days in jail, the first 48 hours must be consecutive and 10 days of which must be served in jail. The maximum jail time is 10 years in prison and up to a $5000 fine. You need to undergo an alcohol evaluation and follow the recommendations. Your driver’s license will be suspended for a mandatory one year period from release from jail with no driving privileges of any kind and the court may suspend it for up to another 4 years in which you can get restricted driving privileges from work or family health needs. After the one year mandatory license suspension, you can only drive a vehicle with an ignition interlock system.

For an excessive DUI, which is having a blood alcohol concentration over 0.2, the first offense is a misdemeanor with a mandatory 10 days in jail, the first 48 hours must be consecutive and up to a year in jail with a $2000 fine and a mandatory license suspension of one year with no driving privileges after undergoing an alcohol evaluation and following the recommendations.

For a second excessive DUI within 5 years, it’s a felony with a mandatory minimum jail of 30 days up to 5 years in jail or a $5000 fine, mandatory minimum of one year driver’s license suspension and up to a 5 year suspension with no driving privileges at all.

For a minor the penalties are a little different. For a first offense misdemeanor it’s a fine of up to a $1000 and there is no jail time. Your Driver’s license is suspended for one year, 90 days of which is absolute after which you can apply for restricted privileges. The second offense is a misdemeanor with a mandatory minimum of 5 days in jail not to exceed 30 days, a fine of not less than $500 and not more than $2000, driver’s license suspended for up to two years, the first year of which is mandatory with no driving privileges of any kind.

A third offense within 5 years is a misdemeanor mandatory minimum of 10 days jail, not to exceed six months and a fine of not less than $1000 and not more than $2000 and your license is suspended for one year or until age 21 whichever is greater with no driving privileges of any kind. Once again, with a minor DUI you would undergo an alcohol evaluation and be required to follow through with the recommendations.

For more information on Driver’s License Consequences, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (208) 552-1165 today.

HARRISON & SMYTH, P.A.

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