Idaho Traffic Safety Resource Prosecutor

www.TSRP-Idaho.org



Chronology of a DUI Arrest

Online Edition of the Idaho DUI Factbook

This online edition of the Idaho DUI Factbook is as accurate as possible at the time of publication. This manual does not cover every aspect of Idaho's DUI laws and should not be cited as a legal authority in court.
  • 1. An officer stops a vehicle upon reasonable suspicion of a traffic violation or violation of Idaho Code.

  • 2. The officer initially observes the driver and requests documentation such as, driver’s license, vehicle registration and proof of insurance.

  • 3. If the officer suspects the driver is under the influence, the driver is requested to submit to field sobriety tests. If the officer does not suspect the driver is under the influence, the driver is released and/or cited with any applicable violations.
  • 4. If the officer has probable cause based upon his observations and the driver’s performance on the field sobriety tests, the driver is placed under arrest for DUI.

  • 5. The driver is then requested to submit to an evidentiary testing of breath, blood or urine.

  • 6. The officer informs the driver of the potential consequences for refusing or failing the evidentiary test.

  • 7. If the evidentiary test determines the driver is not under the influence of alcohol and/or drugs, the driver is released and/or cited with any applicable violations.

  • 8. If the driver refuses to complete evidentiary testing, the officer will issue a notice of suspension of the driver's license and forward it to the Court.

    The offender has 7 days to request a hearing to show cause why he/she refused. The burden of proof is on the offender, and if the offender does not meet burden, the Court is to impose a $250 civil penalty, a 1-year license suspension if this is a first refusal, or a 2-year license suspension if this is a second refusal within the last 10 years.

    If a hearing is not requested within 7 days, the Court (upon receipt of a sworn affidavit from the arresting officer) shall sustain the $250 civil penalty and license suspension as set forth above.

  • 9. If the driver’s test results show a BAC of .08 percent or more, or any trace of a drug, illegal substance or intoxicating compound, the offender will be arrested for DUI and the officer will issue a notice of suspension of the driver's license.

    The offender has 7 days to request an administrative hearing with the Idaho Department of Transportation. If the offender does not prevail at the hearing, the license will be suspended for 90 days if first failure of an evidentiary test (may request a restricted license after first 30 days of suspension) or 1 year if second failure within the last 5 years (not able to obtain restricted license during that time).

  • 10. After submitting to testing, the offender may, when practicable, request additional tests be made by a person of the driver’s choosing and at the driver’s own expense.

  • 11. The offender is booked into jail and is required to post bond and may be detained until bond is posted.

  • 12. The offender’s vehicle may be towed, impounded or seized.

  • 13. The offender must then go through the criminal court proceedings regarding his/her DUI charge.