Idaho prohibits anyone from driving or being in actual physical control of a vehicle while:
The BAC threshold is reduced to .04% if the licensee is driving a commercial vehicle and .02% for drivers who are under 21 years old. Commercial drivers may face more severe penalties than those listed below, while the penalties for an underage DUI (with a BAC of at least .02% but less than .08%) are generally less serious than those for a regular DUI.
Idaho has several DUI classifications that involve different consequences. For example, an aggravated DUI (DUI resulting in injury or death) and an excessive BAC DUI (BAC of .20% more) carry enhanced penalties. However, the penalties in most cases will depend on how many prior DUIs the driver has within the last ten years. These are the possible penalties a driver may be subject to if convicted of a first, second, or third DUI conviction.
| 1st Offense | 2nd Offense | 3rd Offense | |
|---|---|---|---|
| Jail |
Up to 6 months (10 days to 1 year if BAC .20% or greater) |
10 days to 1 year (30 days to 5 years if BAC .20% or greater) |
30 days to 10 years |
| Fines |
Up to $1,000 (up to $2,000 if BAC .20% or greater) |
Up to $2,000 (up to $5,000 if BAC .20% or greater) |
Up to $5,000 |
| License Suspension |
90 to 210 days (1 year if BAC .20% or greater) |
At least 1 year (1 to 5 years if BAC .20% or greater) |
1 to 5 years |
| Ignition Interlock Device (IID) |
1 year |
At least 1 year |
At least 1 year |
Restricted license. First-time offenders may be eligible for a restricted license after 30 days of suspension. This license requires an IID and is generally limited to health and work-related travel. Subsequent offenders may also petition the court for a restricted license after 45 days, but must also show active good standing with a state substance abuse program.
Substance abuse evaluation. Anyone convicted of a DUI in Idaho must undergo an evaluation to determine what type of treatment, educational classes, or other programs might be necessary to address the driver's possible substance abuse issues. The evaluation will be considered by the court and the convicted driver must complete all court-ordered treatments.
Idaho's "implied consent" laws require all drivers lawfully arrested for a DUI to submit to a blood, urine, or breath test. Drivers who unlawfully refuse testing face a $250 fine, license suspension, and an IID requirement. Additionally, refusal of a requested chemical test may be used against the accused at trial as evidence of culpability.
|
1st Offense |
2nd Offense |
|
|
License Suspension |
1 year |
2 years |
|
Ignition Interlock Device |
1 year |
1 year |
Licensees suspended due to refusal may be eligible for a restricted license after 45 days of suspension.
A DUI conviction can lead to a loss of a driver's license, loss of a job, and even loss of freedom. However, depending on the circumstances, it may be possible to avoid jail, reduce suspension periods, or possibly pleading to a lesser "wet reckless" charge. If you are charged with a DUI, it is best to consult with an expert DUI to understand your options.
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