Idaho DUI Laws: FAQ

What are the penalties for a DUI conviction in Idaho?

Penalties for your 1st DUI conviction include:

  • Misdemeanor violation,
  • Up to 6 months in Jail,
  • Fines:  up to $1,000,
  • License Suspension 90-180 days, and
  • Undergo Alcohol Evaluation.

Penalties for a 2nd DUI conviction, within a 10 year period, includes:

  • Misdemeanor violation,
  • Jail: 10 days mandatory, up to 1 year,
  • Fines: up to $2,000,
  • Mandatory 1 year License Suspension,
  • Mandatory Ignition Interlock Device\

Penalties for a 3rd DUI conviction, within a 10 year period, includes:

  • Felony violation,
  • Jail: 30 days mandatory, up to 5 years,
  • Fines: up to $5,000
  • License suspension: Up to 5 years, 1 year mandatory after release from confinement with no driving privileges of any kind, and
  • Mandatory Ignition Interlock Device.

Additionally, penalties are increased for drivers with BAC levels GREATER than 0.20. Penalties for a first conviction include:

  • Misdemeanor violation,
  • Jail: 10 days mandatory, up to 1 year,
  • Fines: up to $2,000,
  • License suspension: 1 year mandatory after release from confinement with no driving privileges of any kind.

Penalties for a 2nd conviction within 5 years include:

  • Felony violation,
  • Jail: mandatory 30 days in the county jail, or up to 5 years in the state penitentiary,
  • Fines: up to $5,000,
  • License suspension: up to 5 years, 1 year mandatory after release from confinement with no driving privileges of any kind, and
  • Mandatory Ignition Interlock Device.

What are the penalties for a person under age 21 convicted of DUI in Idaho?

Penalties for a 1st conviction include the following:

  • Driver’s license suspended for 1 year,
  • Fines: up to $1,000, and
  • Alcohol Evaluation at your own cost.

Penalties for a 2nd conviction, within 5 years, include the following:

  • Driver’s license suspended up to 2 years,
  • Fines: up to $2,000,
  • Alcohol Evaluation at your own cost,
  • Jail 5-30 days, and
  • Ignition Interlock Device.

Penalties for a 3rd conviction, within 5 years, include the following:

  • Driver’s license suspended for 1 year or until driver reaches age 21 whichever is greater,
  • Fines: up to $2,000,
  • Alcohol Evaluation at your own cost,
  • Jail 10 days to 6 months, and
  • Ignition Interlock Device.

What happens if I refuse to take a Chemical Sobriety Test in Idaho?

Under Idaho’s implied consent law, when you drive your vehicle on an Idaho road you are deemed to have consented to a BAC test when pulled over by a law enforcement official on suspicion of DUI. Therefore, if you refuse the test your driver’s license will be taken away and your driving privileges will be suspended for 1 year along with a $250 civil penalty. If the officer suspects you are using drugs, he can request an additional test to determine drug use.

How are DUI and DWP related in Idaho?
A DUI will result in a driver's license suspension. If one is caught driving while suspended a new misdemeanor charge of DWP will be filed. This new charge may impact the previous DUI by causing a probation violation or making it more difficult to get the State to agree to a plea bargain in the first case.

Will a DUI in Idaho increase my insurance rates?

DUI charges present some additional problems such as the potential requirement to carry high risk or SR­22 insurance. In some cases it may be possible to avoid this by obtaining a withheld judgment.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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