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