Interlock laws in Idaho and their exceptions

 By Travis Rice

    In 2019, the Idaho Legislature enacted a law that required DUI offenders had to have a functioning ignition interlock on any vehicle they drove for one year after reinstatement of their license. This law created one heck of a mess and the legislature has been slow to keep up. 

    In 2023 as I am writing this blog post, it has become almost automatic for most judges to impose on first time DUI offenders, however, the law has some exceptions that you need to be aware of. 

    First, the most important thing to remember is, financial hardship is not something the judge can alone consider. So, single moms, the homeless, or those that just lost their job and have no income don't qualify to have the interlock removed for financial hardship. Second, it is a high standard to argue. Which is clear and convincing. But that doesn't mean you cannot argue financial hardship and one of the exceptions listed below...

    #1. You can show the judge you wont "present a danger to the public." This is often hard to do at the time of sentencing. If there was a high BAC blow or an accident it is difficult to convince a judge that you don't need an interlock. However, if there was no accident, no driving pattern, you have done the treatment recommended before hand, or you have a long and clean record you may not be a danger to the public and the judge will consider not imposing the interlock requirement. 

    #2. There are exceptional or mitigating circumstances that make the interlock unnecessary or unwarranted. For instance, you can show that the interlock is unnecessary if it was a marijuana DUI rather than a alcohol related DUI. Or you may show that it would be unduly burdensome to have it, for instance if you run a commercial truck company and use multiple trucks a day for your work.

Judges decide these cases on a case by case basis. More often than not judges impose the interlock requirement. But its not impossible to argue against it. Give yourself the best chance by doing the victim impact panel, evaluation, treatment, and community service before sentencing, look at the positive mitigating facts of your case, and show the judge you are not a danger to society and exactly why it will be burdensome and unnecessary for you to have the interlock. 

If you need help with your DUI case or getting off the interlock please contact us at  our website.