Idaho DUI Fines & Penalties

Learn about the penalties for a DUI conviction in Idaho.

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What are the penalties for a DUI in Idaho?


1st Offense

2nd Offense

3rd Offense

Jail

Up to 6 months

10 days to 1 year

30 days to 5 years

Fines and Penalties

Up to $1,000

Up to $2,000

Up to $5,000

License Suspension

90 to 180 days

1 year

1 to 5 years

IID** Required

No

Yes

Yes

Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

**Ignition Interlock Device

How much do you have to drink (BAC*) for a DUI in Idaho?

Under 21

.02%

21 or older

.08%

Commercial

.04%

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

What if you refuse to take a chemical test in Idaho?

Idaho has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Idaho’s implied consent law.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

1 year license suspension; $250 fine (however, defendants who install an ignition interlock device on their vehicle may be eligible for a restricted license that allows for driving to/from work/school)

2 years license suspension; $250 fine (however, defendants who install an ignition interlock device on their vehicle may be eligible for a restricted license that allows for driving to/from work/school)

2 years license suspension; $250 fine (however, defendants who install an ignition interlock device on their vehicle may be eligible for a restricted license that allows for driving to/from work/school)

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than DUI in Idaho?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Idaho, but it's possible a lawyer may be able to create a plea bargain for you.

Drinking and Driving Laws in Idaho

The State of Idaho has a drunk driving law that prohibits driving when the blood alcohol concentration (BAC) of .08 percent or above. The .08 percentage level is the standard BAC measurement used in all states. Idaho also has stricter laws in place for drivers of commercial vehicles and drivers under the age of 21.

How many drinks does it take to reach the legal limit in Idaho? Calculating how many drinks it takes to reach the .08 BAC level is not an exact science. Each person has individual characteristics that play a role in how alcohol is metabolized. Variables such as body weight, body-fat percentage, age, genetics and the amount of time between drinks all play into the formula. There are Calculators and Tables that can serve as a reference, however these device cannot provide 100% accuracy when determining your BAC.

The best answer is not to drink and drive . The State of Idaho has strict laws for drunk driving, and when you drink and drive in Idaho, you risk your freedom, monetary penalties such as fines and SR-22 Insurance requirements, your life and the lives of others.

The first DUI conviction in Idaho is a misdemeanor and you may be sentenced to jail for no longer than 6 months. You may also be fined up to $1,000 on your first drunk driving offense. Your drivers license will be suspended for an absolute minimum of 30 days. The court may rule after the 30 day suspension to extend the suspension from 90-180 days. The driver may request restricted driving privileges for employment or family health needs.

The second time you are arrested for drunk driving in Idaho you will serve a minimum of 10 days or up to 1 year in jail and be fined up to $2,000. Your drivers license will be suspended for a minimum period of 1 year after release from jail. During the one year suspension, no restricted driving privileges will be allowed. You may also be ordered to install a ignition interlock system at your own expense following the one year suspension.

The third arrest for drunk driving in Idaho you may be sentenced to the custody of the state board of corrections for no more than 10 years. If the court decides not to send you to a state penitentiary, you will be sentenced to the county jail for a mandatory minimum of 30 days. The fine you will receive will be up to $5,000 and your drivers license will be suspended for a period of 1-5 years after the imprisonment. You will also be ordered to install a ignition interlock system at your own expense following the mandatory one year suspension.

by: , Attorney

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