The prosecution has to prove in Idaho that:
- You were under the influence of: (1) alcohol, drugs or any other intoxicating substances, or (2) any combination of alcohol, drugs and/or any other intoxicating substances, or (3) you have an alcohol concentration of 0.08 or greater;
- You were driving or were in actual physical control of a motor vehicle; Idaho defines “actual physical control” as being in the driver's position of the motor vehicle with the motor running or with the motor vehicle moving;
- Within the State of Idaho; and
- Your driving or actual physical control of a motor vehicle occurred upon a highway, street or bridge of the State of Idaho, or upon public or private property open to the public (e.g. Walmart’s parking lot).