Idaho's DUI Laws and Penalties for a First, Second, and Third Conviction

In Idaho, the penalties you'll face for a DUI depend on several factors, including how many prior convictions you have. This article explains Idaho's DUI laws and the consequences of a first, second, and felony DUI conviction.

Idaho's DUI Law

Idaho prohibits anyone from driving or being in actual physical control of a vehicle while:

• having a blood alcohol concentration (BAC) of .08% or more, or
• under the influence of alcohol, drugs, or any intoxicating substance—or any combination of alcohol, drugs, or intoxicating substances.

The BAC threshold is reduced to .04% if the licensee is driving a commercial vehicle and .02% for drivers who are younger than 21 years old. (Idaho Code § 18-8004 (2025).)

Commercial drivers might 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. (See below for a discussion of Underage DUIs.)

A prosecutor doesn't need to show a driver had a specific BAC to get a DUI conviction. As noted above, a person who is "under the influence" of alcohol, drugs, or other substances can be found guilty of DUI. In Idaho, "under the influence" means that drugs, alcohol, or other substances affect a person's ability to drive a motor vehicle. The prosecution can prove someone was under the influence through the testimony from police or other witnesses about the driver's appearance, actions, driving behavior, and statements about drinking or using drugs. (State v. Oliver, 170 P.3d 387 (Idaho 2007).)

A person doesn't have to be driving a vehicle to get a DUI conviction. All someone has to do is have actual physical control over a motor vehicle. Idaho defines "actual physical control" as "being in the driver's position of the motor vehicle with the motor running or with the motor vehicle moving." (Idaho Code § 18-8004 (2025).)

Penalties for a First DUI Conviction in Idaho

A first DUI within 10 years is a misdemeanor and generally carries:

• up to 6 months in jail (10 days to 1 year with a BAC of at least .20%)
• up to $1,000 in fines (up to $2,000 with a BAC of at least .20%)
• license suspension of 90 to 180 days (30 days without the ability to obtain a restricted license), and
• a one-year ignition interlock device (IID) requirement.

(Idaho Code §§ 18-8004c, 18-8005 (2025).)

The license suspension is one year with a BAC of at least .20% with no opportunity for a restricted license unless the offender participates in drug or mental health court. Although an excessive BAC (.20% or more) DUI carries enhanced penalties, for a first offense, it's still a misdemeanor. (Idaho Code § 18-8004c (2025).)

Penalties for a Second DUI Conviction in Idaho

A second DUI within 10 years is a misdemeanor and generally carries:

• 10 days to 1 year in jail
• up to $2,000 in fines
• license suspension of at least 1 year, and
• at least a one-year IID requirement.

(Idaho Code § 18-8005 (2025).)

A restricted license isn't available during the one-year license suspension unless the offender participates in drug or mental health court. (Idaho Code § 18-8005 (2025).)

If the driver had a BAC of at least .20% and had a prior within the past five years, which also involved a BAC of .20% or more, a second offense is a felony. (The penalties for felony DUI convictions are discussed below.) (Idaho Code § 18-8004c (2025).)

What's Considered a Felony DUI in Idaho?

Several different circumstances can elevate a DUI to a felony in Idaho. These circumstances include:

• having at least 2 prior DUI convictions within the last 10 years
• having a prior felony DUI conviction and at least 2 DUI convictions within the last 15 years
• having a BAC of at least .20% with a prior DUI involving a BAC of at least .20% within the last five years, and
• causing great bodily harm or disfigurement to another person.

(Idaho Code §§ 18-8004c, 18-8005, 18-8006 (2025).)

Causing the death of another person while driving under the influence can also lead to felony vehicular manslaughter charges. (Idaho Code § 18-4006 (2025).)

Once an offender is convicted of a felony DUI, all future DUI convictions within 15 years will be considered felonies. (Idaho Code § 18-8005 (2025).)

Penalties for a Felony DUI Conviction in Idaho

As noted above, there are different types of felony DUIs in Idaho. But a felony DUI will generally carry a maximum of 5 to 15 years in prison and up to $5,000 in fines. For a felony DUI, the driver's license will be suspended for one to five years after release from jail. (Idaho Code §§ 18-8004c, 18-8005, 18-8006 (2025).)

Third-Offense Felony DUI in Idaho

An impaired driver can be charged with a felony DUI if the driver has 2 prior DUI convictions within the last 10 years. Prior DUIs include diversions and out-of-state convictions. The maximum sentence for this type of felony DUI is 10 years in prison and a maximum of $5,000 in fines. (Idaho Code § 18-8005 (2025).)

Second-Offense Excessive BAC DUI in Idaho

And a second .20% BAC DUI within five years will be a felony. The offender will face up to five years in prison along with the standard fine of up to $5,000 and a one-to-five-year license suspension. The driver may not obtain a restricted license during the suspension period unless the driver is participating in drug court or mental health court. After the driver's license is reinstated, an IID also must be installed on the driver's vehicle for at least one year. (Idaho Code § 18-8004c (2025).)

Aggravated Idaho Felony DUI

Finally, a DUI can be charged as a felony if someone suffered great bodily harm or disfigurement. Termed an "aggravated DUI," the offense carries the same penalties as a standard felony DUI, except the maximum prison time is 15 years. (Idaho Code § 18-8006 (2025).)

Felony Charges for Fatal DUIs

A DUI violation that contributes to the death of another can be charged as vehicular manslaughter. Vehicular manslaughter is a felony and can be charged alongside a DUI with separate penalties. The penalties include up to $15,000 in fines (and up to $5,000 in civil fines) and a maximum of 15 years in prison. The court may also restrict, suspend, or revoke the driver's license for as long as it deems appropriate. (Idaho Code §§ 18-4007, 19-5307 (2025).)

Getting a Restricted License Following an Idaho DUI Suspension

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 travel for work, school, or alcohol or drug treatment. Subsequent offenders may also petition the court for a restricted license after 45 days, but must also show active good standing with a state drug court or mental health court. (Idaho Code §§ 18-8004c, 18-8005 (2025).)

Substance Abuse Evaluations for Idaho DUI Offenders

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 Code § 18-8005 (2025).)

Implied Consent and Refusing a Blood or Breath Test in Idaho

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 of 1 year (2 years for a second refusal in 10 years), and an IID requirement of 1 year. (Idaho Code § 18-8002 (2025).)

Licensees suspended due to refusal may be eligible for a restricted license after 45 days of suspension. (Idaho Code § 18-8002 (2025).)

Getting Help From an Idaho DUI Lawyer

A DUI conviction can lead to serious consequences. However, depending on the circumstances, it may be possible to avoid jail, reduce suspension periods, or plead to a lesser "wet reckless" charge. If you're charged with a DUI, it's best to consult with an expert DUI attorney to understand your options.