Idaho's Drugged Driving Law

Learn about the laws and penalties for driving under the influence of drugs (DUID) in Idaho.

Idaho’s drugged driving law is located at Idaho Code Section 18-8004. It states that it is unlawful for any person who is under the influence of drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances … as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a motor vehicle within this state,"

In other words, in Idaho it’s a crime to drive while impaired from drug use. No blood testing standard is established in Idaho – that is, there is no fixed amount of drugs within the blood system that determines conviction. Whether a driver is impaired is determined on a case-by-case basis and at the discretion of the prosecutor. 

What drugs are prohibited?

Idaho’s drugged driving law is directed at the prohibition of  "any drug or intoxicating substance." It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the controlled substance.

What happens if a driver is convicted of drug impaired driving in Idaho?

A driver arrested for drugged driving in Idaho will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about Idaho’s DUI laws.

Do Idaho drivers have to submit to drug testing?

Yes, there is an implied consent rule for blood and urine testing. The refusal to take the test can be admitted into evidence against the driver.

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