DUI Defense Investigations in Idaho

01The offense

What Idaho Code 18-8004 Covers

Idaho's impaired driving offense is set out in Idaho Code 18-8004. As of the 2026 Idaho Code, it generally makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs or another intoxicating substance, or with an alcohol concentration of 0.08 or more. Lower thresholds apply to commercial drivers (0.04) and to drivers under 21 (0.02). The statute also says a valid prescription is not a defense. Because each theory calls for different proof, our Idaho investigation team builds the field plan around the subsection actually charged.

"Actual physical control" is where many Idaho cases turn. A driver found asleep in a running truck at a Panhandle trailhead in January, or parked behind a bar in downtown Boise, may not have been driving at all. The answer usually sits in physical details: where the keys were, whether the engine and hood were warm, whether tracks in snow or gravel show the vehicle moved. We photograph and measure those details promptly. The limits we observe while doing it are described in our guide to what an Idaho investigator may lawfully do.

• 0.08 alcohol concentration theory
• Under the influence of alcohol, drugs or other substances
• 0.04 for commercial drivers
• 0.02 for drivers under 21

02Offense levels

The Penalty Ladder in Idaho Code 18-8005

Under Idaho Code 18-8005, as amended in 2025, a first violation is a misdemeanor punishable by up to six months in jail and a fine of up to $1,000, with an absolute 30-day license suspension followed by a further suspension period and, in most cases, an ignition interlock. A second violation within ten years remains a misdemeanor but carries mandatory jail time, a fine of up to $2,000 and a one-year suspension. A test result of 0.20 or more is charged separately under 18-8004C with tougher minimums. Counsel handling the lower rungs can see how we approach misdemeanor defense investigations in Idaho.

The felony line is where investigation pays for itself. Section 18-8005(6) generally makes a new violation a felony, punishable by up to ten years, when the person has two or more prior violations within ten years. Subsection (9) separately reaches a new violation within fifteen years of a prior felony DUI, aggravated DUI or certain vehicular manslaughter convictions. Dates, identities and dispositions of every prior therefore matter. We obtain certified records, confirm each conviction belongs to the client and lay out the dates for counsel. Out-of-state priors receive the same scrutiny through records-based witness and subject research.

03The license track

The Seven-Day Window for an Administrative License Hearing

Idaho runs a separate administrative suspension under Idaho Code 18-8002A. As of the 2026 Idaho Code, a first failure of evidentiary testing generally brings a 90-day suspension, the first 30 days absolute, and a second failure within five years brings a full year with no driving privileges. The written hearing request must be received within seven calendar days of service of the notice, and a hearing officer designated by the Idaho Transportation Department decides it. That deadline is the defense lawyer's to manage; we make sure the facts are ready in time.

Those facts are often the same ones the criminal case needs, gathered earlier. We identify the testing instrument location, the observation period before a breath sample, and the people present when blood was drawn at a hospital or jail. We also compare the officer's narrative with dash and body-worn camera timestamps where counsel has them. If an interview or phone call was recorded, our explainer on Idaho's one-party recording rule summarizes Idaho Code 18-6702. Counsel can review the rates for Idaho investigative work before authorizing anything.

• Observation period before any breath sample
• Instrument location and operator
• Blood draw personnel, time and setting
• Narrative compared with camera timestamps

04Where the case is heard

Magistrate Division, District Court and the Speedy Trial Clock

Idaho's magistrate division hears misdemeanors, so most first and second DUI cases are tried before a magistrate judge in the county where the arrest happened. Felony DUI and aggravated DUI begin with a preliminary hearing in the magistrate division and, if bound over, proceed in district court in one of the state's seven judicial districts. A felony trial means a jury drawn from county residents under Idaho Code 2-209, and our jury pool background research can help counsel prepare for selection in a county where jurors may know the officers.

Timing rules shape investigative priorities. Idaho Code 19-3501 generally requires a misdemeanor to be brought to trial within six months of the not-guilty plea, and a felony within six months of the information being filed, unless good cause is shown or the right is waived. That leaves little room for a slow start. We schedule scene visits, records requests and interviews against those dates. Trial subpoenas for defense witnesses can be delivered through Delator's Idaho process serving. Charges that climb into felony territory are covered in more depth on our Idaho felony defense investigation page.

05An Idaho timeline problem

Pacific Time North, Mountain Time South

North Idaho keeps Pacific Time while the south keeps Mountain. Kootenai, Bonner, Latah, Nez Perce and five other northern counties sit on Pacific Time, along with the part of Idaho County north of the Salmon River; the rest of the state is an hour ahead. A DUI timeline built from a Lewiston bar receipt, a cellular carrier record processed elsewhere and a hospital chart can be off by an hour without anyone noticing. Our investigators assigned to Lewiston and the Clearwater country watch for this on every file.

When the State argues that a test result reflects the driver's condition at the wheel, an hour matters. We convert every timestamp to one zone, record where each came from, and flag any record that does not state a zone at all. Travelers crossing from Spokane on I-90 or driving US-95 south toward Grangeville can produce records from both zones in a single evening. For Panhandle arrests, counsel can pair this with our Coeur d'Alene investigators or with lawful scene surveillance at the matching hour.

06Field work

Scene Work on I-84, Mountain Passes and Farm Roads

Idaho stops happen on the I-84 corridor through Nampa and Meridian, on the I-90 climb toward Fourth of July Summit, on US-20 out of Idaho Falls and on county roads through Magic Valley farm country. Field sobriety tests performed on a sloped shoulder, in wind or on packed snow are hard for anyone. We visit the location at the same hour, photograph surface, grade, lighting and traffic, and pull weather records for the date. When a crash is involved, crash witness tracing runs alongside the scene documentation.

Private video is the evidence most likely to vanish. Convenience stores, casinos, bars and apartment lots commonly overwrite footage within days or weeks, so we list every camera that may have recorded the client's evening and give counsel the custodian details needed for preservation letters. Point-of-sale records can show when drinks were rung up and how many. Witnesses who have since moved, including seasonal workers and students in Moscow or Rexburg, can often be found through lawful Idaho skip tracing.

07Working with counsel

Retained Counsel, Public Defense, Reservation Roads and Cost

We take direction only from the defense lawyer, which keeps the work inside the legal strategy and helps protect it as attorney work product. Since October 2024, trial-level public defense in Idaho has been run by the State Public Defender, and requests for investigative funds generally follow Idaho Criminal Rule 12.2, which asks for scope, provider qualifications and a cost estimate in advance. Our support for appointed defense counsel explains how we prepare that material. Private firms can see our usual engagement terms on the investigator services for attorneys page.

Arrests on or near reservation land raise their own questions. Idaho is a partial Public Law 280 state, and Idaho Code 67-5101 lists motor vehicle operation on county and state highways among the areas where the state assumed jurisdiction, but whether state process and state charges reach a particular case depends on the people, the land and the road. We do not offer jurisdictional conclusions; we document location, land status and responding agencies. Investigative time is billed at $100 per hour, with minimums of $750 for a misdemeanor, $1,000 for a single felony and $1,500 for multiple charges, confirmed in writing first.

Services

DUI defense investigation services in Idaho

• Stop location documentationThe roadside revisited at the same hour, with grade, surface, lighting, weather and traffic recorded so counsel can evaluate field sobriety testing conditions.Learn more
• Video and receipt preservationBusiness, parking lot and roadway cameras identified early so counsel can send preservation letters before footage, logs or receipts are overwritten.Learn more
• Testing sequence reviewObservation periods, instrument location, blood draw setting and every hand-off traced through records and approved interviews, with gaps flagged for counsel.Learn more
• Single-zone timelineReceipts, dispatch logs, carrier records and hospital charts converted to one time zone so the driving-to-test interval reads accurately in Pacific or Mountain time.Learn more
• Prior conviction auditCertified records for each prior checked for identity, disposition and dates against the ten-year and fifteen-year windows in Idaho Code 18-8005.Learn more
• Witness interviewsPassengers, servers, ride-share drivers and bystanders located and interviewed with counsel's approval, with dated memos ready for motions or trial.Learn more
• Crash scene canvassVehicle positions, scene photographs and canvassing of nearby homes and businesses when the State charges aggravated DUI or vehicular manslaughter.Learn more
• Venire researchLawful public-record research on the jury panel for a felony DUI trial in a county where jurors may know the officers or the family.Learn more
• Rule 12.2 funding supportScope, provider qualifications and itemized estimates prepared for public defenders and contract attorneys who must seek court approval before investigative services begin.Learn more

How it works

How an Idaho DUI investigation runs

1. 01

   Intake with counsel

   Defense counsel shares the citation, the police reports, any ALS notice, the prior record and every hearing date. We return a written scope and price before any field work begins.

2. 02

   Preservation list

   Within the first days we identify every camera, dispatch log, receipt and testing record that may matter and give counsel the custodian details for preservation letters.

3. 03

   Field work and interviews

   Investigators document the stop or crash location at the matching hour, trace the testing sequence, audit each prior conviction and interview the witnesses that counsel approves.

4. 04

   Report and testimony

   Counsel receives a written report with exhibits, a single-zone timeline and witness memos. Our investigators stay available to testify at an ALS hearing, a motion or trial.

Compare

Idaho DUI offense levels (2026 Idaho Code, summarized; confirm details with counsel)

Statewide coverage

DUI defense support across Idaho

Arrests along the I-84 corridor and in the Treasure Valley are supported by investigators assigned to Boise, Meridian and Nampa. Eastern Idaho cases on I-15 and US-20 are handled through our coverage in Idaho Falls and Pocatello. Magic Valley files work from Twin Falls, while Pacific Time cases in the Panhandle and on the Palouse are planned as separate operations because US-95 is the only road linking north and south. Each scene visit is scheduled to match the hour and season of the arrest.

• Boise
• Nampa
• Idaho Falls
• Pocatello
• Coeur d'Alene
• Twin Falls
• All of Idaho

FAQ

Frequently asked questions

Every service

Investigations available in Idaho

Every service below is available in Idaho and across Idaho, run by the same Delator Group leadership that manages our Tennessee casework. Choose a service to read how it works in Idaho.

Service areas

Private investigators across Idaho