Driving Under the Influence Frequently Asked Questions

What are the penalties for a DUI in Idaho?

Penalties for DUI in Idaho are set forth by statute in I.C. Section 18-8005. A summary of the penalties* for a DUI in Boise, Idaho are as follows:

First Offense
  • Misdemeanor Violation
  • Jail term up to six (6) months
  • A fine up to $1,000.00
  • Suspension of driving privilege for at least ninety (90) days, but could be up to 180 days
  • After the first thirty (30) days, an individual may request that he/she have restricted driving privileges
Second Offense
  • Misdemeanor Violation
  • Mandatory jail term of ten (10) days, but could be up to one (1) year
  • A fine up to $2,000.00
  • After you have been release from confinement, your driving privileges will be suspended for one (1) year
  • During this one (1) year, no driving privilege may be granted
  • After your driving privileges have been reinstated, your vehicle must be equipped with an ignition interlock system
  • If the ignition interlock system detects a BAC of over 0.025, the vehicle will not start
Third Violation
  • Felony Violation
  • Mandatory jail term of thirty (30) days, but could be up to ten (10) years
  • A fine of up to $5,000.00
  • After you have been release from imprisonment, your driving privileges will be suspended for one (1) year, but could be suspended for up to five (5) years
  • During this one (1) year, no driving privilege may be granted
  • If your license is suspended for over the mandatory one (1) year, you may request to have restricted driving privilege
  • After your driving privileges have been reinstated, your vehicle must be equipped with an ignition interlock system
  • If the ignition interlock system detects a BAC of over 0.025, the vehicle will not start

* Depending on the circumstances, your penalty may be greater than the penalties represented above

Penalties for Excessive DUI

If you submit to an alcohol test and your alcohol concentration is 0.20 or greater, you are subject to stricter penalties.

First DUI (Excessive)
  • Misdemeanor Violation
  • Mandatory jail term of at least ten (10) days, the first forty-eight (48) hours of which must be consecutive, but the jail term could be up to one (1) year
  • A fine of up to $2,000
  • Surrender your license to the court
  • After you have been release from imprisonment, your driving privileges will be suspended for one (1) year
  • During the one (1) year suspension, absolutely no driving privileges of any kind may be granted
Second DUI (Excessive)
  • Felony Violation
  • A sentence ranging from thirty (30) days in the county jail to five (5) years in the state penitentiary
  • A fine of up to $5,000
  • Surrender your license to the court
  • After you have been release from imprisonment, your driving privileges will be suspended from one (1) year to five (5) years
  • During the term of your suspension, absolutely no driving privileges of any kind may be granted
  • After your driving privileges have been reinstated, your vehicle must be equipped with an ignition interlock system
  • If the ignition interlock system detects a BAC of over 0.025, the vehicle will not start

* for this provision to apply, you must have had a prior excessive DUI within five (5) years of the current charge

Penalties for individuals under 21 with less than 0.08 alcohol concentration

First Offense
  • Misdemeanor Violation
  • Fine of up to $1,000
  • Your driving privilege will be suspended for a period of one (1) year
  • For the first ninety (90) days, absolutely no driving privileges may be granted
  • After the first ninety (90) days, you may request restricted driving privileges, but must show that such driving privileges are necessary
  • You will be required to undergo an alcohol evaluation and/or alcohol treatment program at your own expense
Second Offense
  • Misdemeanor Violation
  • Mandatory jail term of five (5) days, but could be up to thirty (30) days
  • A fine between $500 – $2,000
  • Your driving privileges will be suspended from one (1) to two (2) years
  • For the first year, absolutely no driving privileges of any kind may be granted
  • After your driving privileges have been reinstated, your vehicle must be equipped with an ignition interlock system
  • If the ignition interlock system detects a BAC of over 0.025, the vehicle will not start
  • You will be required to undergo an alcohol evaluation and/or alcohol treatment program at your own expense
Third Offense
  • Misdemeanor Violation
  • Mandatory jail term of ten (10) days, but could be up to six (6) months
  • A fine between $1,000 – $2,000
  • Your driving privileges will be suspended from one (1) year, or until you reach twenty-one (21)
  • During your suspension, absolutely no driving privileges of any kind may be granted
  • After your driving privileges have been reinstated, your vehicle must be equipped with an ignition interlock system
  • If the ignition interlock system detects a BAC of over 0.025, the vehicle will not start
  • You will be required to undergo an alcohol evaluation and/or alcohol treatment program at your own expense

What is considered Driving Under the Influence?

In Idaho, Driving Under the Influence (“DUI”) is defined as driving or being in actual physical control of a vehicle while you are under the influence of alcohol or drugs upon the ways of the state open to the public.

What is considered What if I am taking prescription drugs, will I still get a DUI?

The fact that you are taking prescription drugs is not a defense to a DUI. The law specifically provides that you can still be punished for DUI if as a result of taking the prescription drugs, your ability to drive has been diminished.

What if I am a resident of another state and refuse to submit to a test?

If you are from another state and refuse to submit to a test in Idaho, the arresting officer will take possession of your license and forward it to your home state’s licensing authority along with a report stating that you refused to submit to a test.

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