Idaho Traffic Safety Resource Prosecutor

www.TSRP-Idaho.org



Penalties

PENALTIES OF DUI WHILE OPERATING RECREATIONAL VEHICLES

1. PENALTIES FOR A DUI CONVICTION

2. PENALTIES FOR OPERATING A VESSEL UNDER THE INFLUENCE

3. PENALTIES FOR OPERATING AIRCRAFT WHILE UNDER THE INFLUENCE

4. PENALTIES OF DUI WHILE OPERATING RECREATIONAL VEHICLES

5. PENALTIES FOR VEHICULAR MANSLAUGHTER

6. PENALTIES FOR OTHER ALCOHOL-RELATED OFFENSES

The Idaho Code carries a separate charge for operating snowmobiles or all-terrain vehicles (ATV) while under the influence of alcohol, drugs or any other intoxicating substances. 

RECREATIONAL VEHICLE DUI (I.C. § 67-7114):

  • It is unlawful for any person driving or operating a snowmobile or ATV under the influence of alcohol, drugs or any other intoxicating substance on a public roadway or highway, or even off-road.  Violation of this section is considered a misdemeanor.
  • Note:  A snowmobile or ATV would be considered a motor vehicle under, Idaho Code section 18-8004.  A driver could be arrested and prosecuted under that statute when driving on public roadways and highways.  The difference with this particular statute is a driver could face criminal penalties for “off-road” operation of these vehicles while under the influence. 
  • Note:  In addition, this statute does not refer to a .08 BAC level.  Therefore, it appears the .08 per se law would not likely apply to this statute.  Evidence of impairment would likely be sufficient for criminal prosecution.  Prosecution under this statute does not carry a license suspension.
  • Maximum Penalty:  6 Months in Jail and/or $1,000 Fine