Driving Privileges and Penalties - Part 3

There are enhanced penalties for CDL drivers who drive under the influence, up to the lifetime loss of CDL privileges.

A CDL is a special license issue for Commercial Driving License. Only drivers with this license is allowed to driver commercial vehicles and trucks. What is the penalty for drunken driving if you have a CDL license?

• Speeding: Drinking drivers often think they can drive safely at high speeds. • Weaving: Even though drivers may stay in their lane, they may have trouble steering straight. • Slow driving: Drinking drivers may be overly cautious and drive slower than normal traffic. • Jerking motion: Drinking drivers often have short mental lapses revealed by jerky steering or acceleration. • Quick stops: Drinking drivers may make sudden stops at traffic signs or lights, rather than easing up to them.

Drinking affects your thinking. It also slows your reaction time. By making you feel good, alcohol may also give you false confidence. Such factors affect your driving in ways that a trained law enforcement officer can detect. Some signs of drunken driving are:

Implied Consent - Any person who drives or is in physical control of a motor vehicle has given their consent to take a BAC or drug test if they are suspected of driving under the influence, under the provisions of Section 18-8002, Idaho Code. If you refuse to take the test when requested to do so by a law enforcement officer, you are subject to a driver's license suspension and a civil penalty of $250.00 under the provisions of Section 18-8002,Idaho Code. If you refuse to take the test as requested, the officer will issue you a notice of suspension. If the court upholds the officer's findings, your license will be suspended for one year with absolutely no driving privileges of any kind if it is your first offense.

Idaho law mandates that all drivers have given their consent to take a BAC or drug test if they are requested by an officer. What happens if you are pulled over and refuse to take the test?

For a first conviction: Up to six months in jail; up to a $1,000 fine; and mandatory driver's license suspension of at least 90 days and up to 180 days (one year if you are under 21), with absolutely no driving privileges for the first 30 days.

If you are convicted for the first time of drunken driving (driving under the influence), what is the penalty?

If you drink enough to increase your alcohol concentration past .05, be careful. At slightly above .05, the risk of causing an accident doubles. At .10, the risk is six times as great. At .15, the risk is 25 times as great.

If you drink enough to increase your alcohol concentration past ___, be careful. At slightly above .05, the risk of causing an accident doubles. At ___, the risk is six times as great. At ____, the risk is 25 times as great.

For a second conviction within 10 years: Mandatory jail sentence from 10 days to one year (30 days if you are under 21); up to a $2,000 fine; and a mandatory driver's license suspension of one year (two years if you are under 21). Ignition interlock device is required after one year mandatory suspension.

If you have a 2nd drunken driving conviction within 10 years what is the penalty?

For three or more convictions within 10 years-Mandatory jail sentence from 30 days to ten years (10 days to six months if under 21);up to a $5,000 fine (up to $2,000 if under 21); mandatory driver's license suspension from one to five years (if under 21, mandatory suspension for 1 year or up to age 21 whichever is greater). Ignition interlock device is required after one year mandatory suspension. This conviction is a felony.

If you have had 3 or more drunken driving convictions within 10 years what is the penalty?

A jigger (1.5 ounces) of 80-proof whiskey, five ounces of table wine, or 12 ounces of beer all contain approximately the same amount of alcohol— about an ounce each. Studies have found the greatest percentage of people arrested for driving under the influence had been drinking beer.

Is beer safer than whiskey?

True

T or F: Even if your BAC is less than .08, you may be convicted of driving under the influence of other intoxicating substances.

If you are arrested for operating a motor vehicle while under the influence of alcohol or other intoxicating substances and you fail an evidentiary test by having an alcohol concentration over the legal limit, a peace officer will serve you wi th a Notice of Suspension. This notice is an Idaho Transportation Department imposed administrative driver's license suspension (ALS), that is issued in accordance with Section 18-8002A, Idaho Code.

What is a Administrative License Suspension (ALS)?

If you have been convicted of driving under the influence the court may order that an ignition interlock device be installed in any vehicle that you drive. This device requires the driver to provide a breath sample in order to start the vehicle. If the sample indicates an alcohol content at or above a preset level, the vehicle will not start. The ignition interlock device is an option used by the court for first-time offenders. For those convicted of two or more DUIs within ten years it becomes mandatory. The ignition interlock device must be installed at the end of any mandatory suspension period and through the probation period. The cost of installation and monthly fees are paid by the driver.

What is an Ignition Interlock Device and when is it used?

A second refusal within 10 years will result in a two-year absolute suspension. This penalty is in addition to any penalty you receive in court for a DUI conviction.

what happens if you are pulled over within 10 years and decline to take a second BAC or drug test?