DUI Laws in Idaho (DUI)
Idaho uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years. 3rd DUI offense within 10 years. Below are the full details of Idaho's DUI laws and penalties.
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Overview
Idaho enforces strict DUI laws with a dual-track system of administrative license suspension (through the Idaho Transportation Department) and criminal prosecution running simultaneously. The state uses a 10-year lookback period for repeat offenses and has an 'excessive DUI' category for BAC of 0.20% or higher — one of the highest enhanced penalty thresholds in the nation. Idaho is notable for its mandatory minimum jail sentences even on first offenses, and a second DUI conviction within 10 years carries a mandatory 10-day jail sentence. Felony DUI applies on the third offense within 10 years, which is more aggressive than many states.
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.20% — triggers 'Excessive DUI' with doubled mandatory minimum penalties |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Misdemeanor | Up to 6 months; no statutory mandatory minimum (but jail time is common). Excessive DUI (BAC 0.20+): mandatory minimum 10 days, up to 1 year | Up to $1,000. Excessive DUI: up to $2,000 | 90-day administrative suspension (first 30 days absolute — no driving); 90–180 days criminal suspension | Not mandatory for standard first offense; mandatory for 1 year for Excessive DUI (BAC 0.20+) |
| 2nd Offense | Misdemeanor | Mandatory minimum 10 days (first 48 hours consecutive), up to 1 year. Excessive DUI: mandatory minimum 30 days, up to 1 year | Up to $2,000. Excessive DUI: up to $4,000 | 1-year suspension (absolute — no restricted permit for first year). Administrative: 1 year | Mandatory for 1 year after suspension period ends |
| 3rd Offense | Felony (3rd offense within 10 years) | Mandatory minimum 30 days, up to 10 years in state prison. Excessive DUI: mandatory minimum 60 days, up to 10 years | Up to $5,000. Excessive DUI: up to $10,000 | 1–5 year suspension; administrative: 1 year minimum | Mandatory; required for any restricted permit and for full reinstatement |
| Felony | Felony | Mandatory minimum 30 days (60 days for Excessive), up to 10 years in state prison | Up to $5,000 ($10,000 for Excessive DUI) | 1–5 years; may face permanent revocation for subsequent felonies | Mandatory upon reinstatement |
Felony threshold: 3rd DUI offense within 10 years, or any DUI causing death or serious injury. Lookback period: 10 years — Idaho uses a 10-year lookback period from the date of the prior offense to determine repeat offense penalties. A DUI becomes a felony on the 3rd offense within this window..
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | Discretionary; judge may impose as a condition of probation | Up to 2 years; typically includes alcohol evaluation and treatment compliance | Mandatory alcohol evaluation; completion of recommended treatment program required for license reinstatement |
| 2nd Offense | Discretionary; commonly imposed as probation condition | Up to 2 years with conditions including treatment | Mandatory alcohol/drug evaluation and completion of recommended treatment program |
| 3rd Offense | Court-determined; commonly required | Up to 10 years felony probation | Mandatory substance abuse evaluation and intensive treatment program; may include residential treatment |
| Felony | Court-determined | Up to 10 years felony probation with intensive supervision | Mandatory evaluation and long-term treatment program compliance |
Implied Consent Law
Under Idaho Code §18-8002, any person operating a motor vehicle in Idaho consents to evidentiary testing for alcohol, drugs, or other intoxicating substances when an officer has reasonable grounds to believe the driver is under the influence. The officer must advise the driver of the consequences of refusal and that refusal can be used as evidence in court.
Refusal penalties: First refusal: 1-year absolute license suspension (no restricted permit). Second refusal within 10 years: 2-year absolute suspension. Refusal is admissible as evidence of guilt in the DUI trial. The suspension for refusal is in addition to any suspension from a DUI conviction. A hearing must be requested within 7 days to contest the administrative suspension.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.20% or higher (Excessive DUI) | Doubled mandatory minimum jail sentences, doubled maximum fines, mandatory IID installation even on first offense, extended license suspension |
| Minor passenger under 16 in the vehicle | Felony charge of injury to a child; additional penalties up to 10 years in prison, regardless of DUI offense number |
| Driving on suspended or revoked license | Additional misdemeanor charge; mandatory minimum 2 days in jail; consecutive sentencing |
| Causing an accident resulting in injury | Felony DUI charge regardless of offense number; enhanced sentencing; mandatory restitution |
| Refusal of chemical testing | Administrative license suspension of 1–2 years (absolute, no restricted privileges); refusal used as evidence in court |
| Prior felony DUI conviction | Any subsequent DUI is automatically charged as a felony; enhanced prison time and fines |
DUI with Injury
Classification: Felony — aggravated DUI or vehicular manslaughter
DUI causing great bodily harm, permanent disability, or disfigurement: felony, up to 15 years in state prison and $5,000 in fines. Vehicular manslaughter (DUI causing death): felony, up to 15 years in prison and $15,000 in fines. If the driver left the scene, penalties are enhanced with additional consecutive sentencing.
Underage DUI
Drivers under 21 with BAC of 0.02% to 0.07% face a 90-day administrative license suspension for a first violation and a 1-year suspension for a second violation within 5 years. The driver must complete an alcohol evaluation and any recommended treatment. If BAC reaches 0.08%, full adult DUI penalties apply including criminal charges.
Diversion Programs
Program: Misdemeanor DUI Diversion / Problem-Solving Courts
Idaho operates DUI Courts (also called problem-solving courts or drug courts handling DUI cases) in several judicial districts. These intensive programs run 12–18 months and include frequent testing, treatment, community service, and regular court hearings. Some counties also offer prosecutor-led diversion for first-time misdemeanor DUI offenders.
Eligibility: DUI Court is typically available for repeat DUI offenders (2nd offense) as an alternative to full incarceration. Prosecutor-led diversion, where available, is generally limited to first-time offenders with no aggravating factors (BAC under 0.20%, no injury, no minors in vehicle). Availability varies by county and judicial district.
How Long a DUI Stays on Your Record
A DUI conviction in Idaho remains on your criminal record permanently. Idaho does not allow expungement of DUI convictions. For the 10-year lookback period, only offenses within the prior 10 years count for sentencing enhancement. Your driving record through ITD retains the DUI notation permanently as well. Insurance companies typically use a 3–5 year lookback for rating purposes.
Key Statutes
- Idaho Code §18-8004
- Driving under the influence — main DUI statute defining BAC limits and criminal offense
- Idaho Code §18-8004C
- Excessive DUI (BAC 0.20 or higher) — enhanced penalties including doubled minimums
- Idaho Code §18-8005
- Penalties for DUI — jail time, fines, license suspension, and IID requirements by offense level
- Idaho Code §18-8002
- Implied consent — tests for alcohol and drugs; procedures and refusal consequences
- Idaho Code §18-8002A
- Administrative license suspension — automatic suspension procedures upon arrest or test failure/refusal
Frequently Asked Questions
Is a DUI a felony in Idaho?
What is an Excessive DUI in Idaho?
What happens when you get your first DUI in Idaho?
How long does a DUI stay on your record in Idaho?
Can you refuse a breathalyzer in Idaho?
Do you need an SR-22 after a DUI in Idaho?
Can you get a restricted license after a DUI in Idaho?
How much does a DUI cost in Idaho?
Related Guide
DUI license recovery in Idaho→Step-by-step guide to getting your license back after a DUI in Idaho — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Idaho Transportation Department — Suspended Drivers
Official Idaho resource for license suspension information, reinstatement requirements, and SR-22 filings
- Idaho Statutes Title 18, Chapter 80 — Driving Under the Influence
Full text of Idaho's DUI statutes including offense definitions, penalties, and implied consent
- Idaho Supreme Court — Problem Solving Courts
Information on Idaho's DUI Court and drug court programs as alternatives to incarceration
- Idaho State Bar — Lawyer Referral Service
Find a qualified DUI defense attorney through Idaho's official bar association referral service
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