By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed January 27, 2024
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Driving under the influence of drugs or alcohol is a serious crime. More than 39% of Idaho's traffic fatalities involved motorists driving under the influence (DUI), according to the Idaho Transportation Department. You can have a prison term after your first offense, in addition to heavy fines, license suspension, and other sanctions.
If you are facing DUI charges in Idaho or want to understand the law, this article can help. The following information is an overview of how Idaho handles impaired or drunk driving.
Blood Alcohol Concentration (BAC) Limits and Implied Consent |
|
|---|---|
| "Per Se" BAC Limit | 0.08% |
| Zero Tolerance (Underage) BAC Limit | 0.02% |
| Enhanced Penalty (Aggravated) BAC Limit | 0.20% |
| Implied Consent to Submit to BAC Test? | Yes |
Select Penalties |
|
| Minimum License Suspension or Revocation (1st / 2nd / 3rd offense) | 3 to 6 months / 1 year/ 5 years |
| Mandatory Alcohol Education, Assessment and Treatment | Both |
| Vehicle Confiscation Possible? | Yes |
| Ignition Interlock Device Possible? | Yes, mandatory for all convictions |
Note: State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.
Idaho law prohibits anyone from operating or being in actual physical control of a motor vehicle when under the influence of alcohol, drugs, other intoxicating substances, or a combination of these substances. Idaho laws set a legal blood alcohol concentration (BAC) of 0.08% for drivers 21 or older. The BAC limit is 0.04% if you are driving a commercial vehicle. The commercial driver law includes school bus drivers.
Idaho's impaired and drunk driving laws include an implied consent for chemical testing. Having a driver's license is a privilege, and when you get one, you agree to abide by the law. You have also given your implied consent to chemical testing when a police officer has a reasonable suspicion of impaired driving.
Chemical testing may include a Breathalyzer (breath test), blood test, or urine test. Test results are evidence of your impairment.
While you can refuse these tests, there are serious and immediate consequences. Your license is automatically suspended for one year, and you're fined $250. You may be eligible for a restricted license after 45 days of suspension. You may also be required to install an ignition interlock device for one year after suspension.
A DUI conviction for a first-time offender is a misdemeanor. You face up to six months in jail and a fine of up to $1,000. Your driver's license suspension is for 90 to 180 days, but you may be able to apply for a restricted license. Once your suspension period is over, you must install an ignition interlock device at your own expense.
If you have a second DUI conviction within 10 years, you will serve 10 days in jail, with up to one year possible. The court will assess a fine of $2,000 and a mandatory license suspension of one year. You will not be eligible for a restricted license (you will not be able to drive at all). After your suspension period is up, you will need to install an ignition interlock device for one additional year.
A third DUI conviction within 10 years is a felony offense. You will serve 30 days in jail, with up to five years possible. You lose your license for five years, though you may apply for a restricted license after one year, with the condition that you install an ignition interlock device.
All DUI convictions include a substance abuse evaluation before sentencing. Any recommendations get incorporated into your sentence.
Idaho has zero-tolerance laws for anyone under 21 who drives under the influence. If your BAC is 0.02% or more, you could face a fine of up to $1,000 and a one-year license suspension. You will also have to undergo a substance abuse evaluation and comply with any recommendations made.
If convicted a second time within five years, you could serve five to 30 days in jail. You could also lose your driver's license for up to two years and face fines of as much as $2,000. You would also undergo an extensive substance abuse evaluation.
If your BAC is 0.08 or more, law enforcement can charge you with an adult DUI, and you will face similar penalties as those listed under DUI penalties above.
If you are caught driving with a blood alcohol content of 0.20% or higher, a prosecutor will likely charge you with excessive DUI.
A first-offense excessive DUI conviction will result in a mandatory minimum 10-day sentence with up to a maximum of one year. Driver's license suspension is for at least one year, with no eligibility for a restricted license.
The penalties are even more severe for a second or successive offense within 10 years, with mandatory jail sentences and $5,000 fines.
An aggravated DUI results when you cause bodily harm to another person while driving under the influence. This is a felony. You may receive a 15-year prison sentence and a $5,000 fine. Driver's license suspension is for five years, and you must pay restitution to your victim.
In 2019, Idaho enacted new ignition interlock laws that require anyone convicted of a DUI to install the device for an additional term after their license suspension period.
An ignition interlock device (IID) is installed, at your expense, into your vehicle's ignition system. You must provide a breath sample before your vehicle starts. If the IID records a BAC of 0.025% or more, it will not allow you to drive the vehicle.
If you have a charge of driving under the influence of alcohol or other intoxicating substances, a conviction will result in the loss of driving privileges and even jail time. And in Idaho, a DUI with more than .20 percent BAC will get you enhanced penalties. It's a good idea to contact a local DUI attorney who can scrutinize the prosecution's evidence and claims and advocate on your behalf.
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