Idaho DUI Laws
In Idaho, if you drive under the influence (DUI) of drugs or alcohol you may be arrested and asked to take a breath alcohol content (BAC) test. If you fail, your license may be suspended by the Department of Motor Vehicles (DMV) for at least 90 days. First offenders are often able to get a restricted license after 30 days. If you refuse the test, your license will be suspended for at least six months without any provision for a restricted license. A criminal defense attorney can assist you in challenging the DMV action but you must appeal within seven days, so it is important to act quickly.
In addition to the DMV suspension, you will have to appear criminal court. Conviction penalties may include jail, court ordered license suspension and fines. If you are a repeat offender, had a BAC greater than .2 and/or caused injury to another, your sentence could include greater fines, a longer license suspension, mandatory jail time and an ignition interlock device. Fortunately, there are many ways an attorney can help you improve your outcome or even win your case. For example, if stop and search procedures were not properly followed, your attorney may be able to suppress any incriminating evidence. The best thing you can do to protect your rights and your future is to contact an attorney.
Idaho also has a special DUI Court system that uses a comprehensive approach to address the underlying causes of driving under the influence. Most DUI court programs involve mandatory attendance in self-help programs (e.g., AA), individual and group therapy, frequent meetings with a probation officer, frequent appearances before the judge, installation of an ignition interlock device and more. If you do not qualify or do not wish to participate, your case will go through the traditional criminal court system. To see if you are eligible for Idaho DUI court it is best to speak with a DUI attorney.
Idaho DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Idaho BAC laws may differ from those of other states, as follows.
| Idaho BAC Laws | |
| Per Se Violation | BAC of: .08 to .199 |
| Enhanced Penalty | .20 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: within approximately seven days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st Offense - Per Se Violation (.08 or higher) | 90 days license suspension |
| Subsequent Offenses | 1-year license suspension |
| Temporary License | Yes, for 30 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 1-year license suspension and $250 penalty |
| Subsequent Offenses | 2-year license suspension and $250 penalty |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense - Per Se Violation (.08 to .199) | |
| License Suspension | 90 to 180 days (may have restricted license) |
| Prison Term and Community Service | Up to 6 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible drug and alcohol education and treatment |
| First DUI/DWI Offense - Enhanced Penalty (.20 or higher) | |
| License Suspension | 1 year (no restricted license) |
| Prison Term and Community Service | 10 days to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $2,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible drug and alcohol education and treatment |
| Second DUI/DWI Offense - Per Se Violation (.08 to .199) (within 10 years of 1st offense) | |
| License Suspension | 1 year (no restricted license) |
| Prison Term and Community Service | 10 days to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $2,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible drug and alcohol education and treatment |
| Second DUI/DWI Offense - Enhanced Penalty (.20 or higher) (within 5 years of 1st offense) | |
| License Suspension | 1 to 5 years (may have restricted license) |
| Prison Term and Community Service | 30 days to 5 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible drug and alcohol education and treatment |
| Third DUI/DWI Offense - Per Se Violation (.08 to .199) (within 10 years of 2nd offense) | |
| License Suspension | 1 to 5 years (may have restricted license) |
| Prison Term and Community Service | 30 days to 5 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible drug and alcohol education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Idaho Transportation Department