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Idaho DUI Laws & Penalties

Per Idaho DUI Law section § 18-8004 it is unlawful for any person to operate or be in physical control of any motorized vehicle while under the influence of alcohol, drugs or any other intoxicant or with a blood alcohol concentration of .08% or greater.

Any person who is stopped on suspicion of DUI in Idaho while driving a passenger vehicle who submits to a chemical test and has a blood alcohol concentration level of .08% or less is considered to not be under the influence of alcohol, drugs or an intoxicant.

Even with a BAC level of .08% or less you may still be arrested in Idaho for DUI if the arresting officer determines that your ability to operate a motor vehicle is impaired due to the fact of alcohol, drugs or an intoxicant.  The officer will make this determination by observing your driving behavior prior to stopping you or by your failing any part of the field sobriety tests (if you submitted to them), plus a number of other observations made during the stop.

If you are on any medications prescribed by a doctor and are arrested for being under the influence of a drug(s), the state of Idaho will not consider this to be a valid defense against the charge of driving under the influence.

If you are arrested for DUI in Idaho you will not only be facing the criminal charges of driving under the influence, but you will also be faced with sanctions against your driver's license by the Idaho DMV.  You only have seven days from the date of your arrest in which to request an administrative hearing with the DMV if you wish to retain your driving privileges.  Failure to request an administrative hearing within 7 days or at all will result in a 90-day suspension of your driver's license for a first offense charge.

You may be eligible for a restricted driving permit after the first 30 days of the suspension for failure to request a hearing.  If this was a second or subsequent offense charge within a 5-year period your license will be suspended for 1-year with no chance of a restricted permit.

Idaho Administrative Hearing Process

Upon arrest, the arresting officer will seize your license and issue you a temporary permit that is valid for 30 days, if you are eligible for a permit.  The officer will then submit his or her report and any evidence collected in your case to the Idaho Transportation Department Hearing Office to be reviewed by a hearing officer.

You have seven days from the date of your arrest in which to request an administrative hearing.  At your hearing the hearing officer will review the evidence presented by the arresting officer and hear testimony from the officer about the arrest and the evidence he or she has presented against you.  You and your lawyer will then present any evidence on your behalf and then you will be able to testify on your behalf and if there were any witnesses, they will be subpoenaed to appear and testify.

After reviewing all of the evidence and hearing testimony from all parties present, the hearing officer will make his or her decision as to whether or not the evidence presented by the arresting officer is valid and the suspension should be upheld or whether the evidence against you does not justify the suspension, at which point your driver's license will be reinstated.

If the suspension is upheld, you may be granted a restricted permit by the court if this is a first offense charge.  If you require a restricted permit to drive to and from work, you will be required to complete a work verification form, the form will be provided to you upon determination of your eligibility.  Restricted permits will not be issued for the purpose of driving a commercial motor vehicle.

If you require a restricted permit for medical reasons, you will need to have your doctor submit a letter describing your need for treatment.

If you are granted a restricted permit you will be required to provide the DMV with proof of financial responsibility in the form of an Idaho SR22 insurance policy before they will issue you a restricted permit. You will also be required to pay a $35 license reinstatement fee.

If you hope to have a successful outcome in your DMV hearing case and retain your driving privileges you will need to hire an Idaho DUI lawyer who has experience when it comes to representing clients at DMV hearings.

Penalties for Refusing a Chemical Test

If you refuse or fail to complete a chemical test, the arresting officer is required to inform you of the penalties for refusal or failure to complete the test.  You will have to pay a $250 fine for any refusal or failure to complete a chemical test.

Upon refusal or failure the arresting officer will seize your license and issue you a 30 day permit, if your license is not currently under suspension or revocation.  The officer will then forward your license along with his report to the Idaho Transportation DepartmentHearing Office.

You will need to request an administrative hearing with the hearing office within seven days of the arrest.  The hearing will be limited to questions directed at you as to why you refused to submit to the test.  The burden of proof will be completely upon you.

If it is determined that your refusal was not justified and that the arresting officer did in fact have legal cause to stop you and request the test, your license will be suspended for 1-year for a first offense DUI charge an 2-years for a second refusal within a 10-year period.

Idaho First Offense DUI Under 21 Years of Age

Any person under the age of 21 who is stopped and found to have a blood alcohol concentration of .02% or greater will be arrested for driving under the influence.  The minimum fines for a first offense may be up to $1,000.  Your driver's license will be suspended by the court for 1-year.  The court may grant a restricted permit for a first time offender.  You will also be required to undergo an alcohol evaluation program.

Idaho Second Offense DUI Under 21 Years of Age

Any person under the age of 21 who is stopped and found to have a blood alcohol concentration of .02% or greater will be arrested for driving under the influence.  The minimum fines for a second offense will be $500 and the maximum fine can go as high as $2,000 for a second offense.

Your driver's license will be suspended by the court for a mandatory minimum of 1-year or up to 2-years maximum.  You will be required to install an ignition interlock device on your vehicle following the mandatory 1-year suspension.  The mandatory minimum jail sentence for a second offense is 5 days and could be as high as 30 days in jail.  You will also be required to undergo an alcohol evaluation program.

Idaho Third Offense DUI Under 21 Years of Age

Any person under the age of 21 who is stopped and found to have a blood alcohol concentration of .02% or greater will be arrested for driving under the influence.  The minimum fines for a third offense will be $1,000 and the maximum fine can go as high as $2,000 for a third offense.

Your driver's license will be suspended by the court for a mandatory minimum of 1-year or until you reach 21 years of age, whichever comes first.  You will be required to install an ignition interlock device on your vehicle following the mandatory 1-year suspension.  The mandatory minimum jail sentence for a third offense is 10 days and could be as high as 6-months in jail.  You will also be required to undergo an alcohol evaluation program.

Idaho Aggravated DUI Offense

Any person who is arrested for driving under the influence who caused an accident that involved great bodily injury or a permanent disability or disfigurement to another person is considered to be guilty of an aggravated DUI offense, which is a felony offense in Idaho.

If you are convicted of an aggravated DUI offense you may be sentenced to up to 15-years in prison or at the court's discretion you may be sentenced to a mandatory minimum of 30 days in county jail.  You may be fined up to $5,000 for an aggravated offense.

Once you are released from jail or prison, the minimum license suspension period of 1-year will begin.  The maximum license suspension period for aggravated DUI is 5-years.  You will also have to pay restitution to the victims involved in the accident.

Idaho First Offense DUI

A first offense conviction is a misdemeanor charge and means that you have not been convicted of a previous DUI charge within the past 5-years.  The penalties for a first offense DUI charge are as follows:

Jail time:  The maximum jail sentence for a first offense is 6-months.  The minimum jail sentence will be at the court's discretion.

Fines:  There is a maximum fine of $1,000 for a first offense conviction.

License Suspension:  Your driver's license will be suspended for at least 90 days and up to 180 days for a first offense.  You may be eligible for a restricted permit, please see the section above on the administrative hearing process.

Before the Idaho DMV will reinstate your license or issue you a restricted permit, you will be required to file an SR22 form with the DMV showing proof of financial responsibility in the form of a Idaho SR-22 insurance policy.

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Idaho Second Offense DUI

A second offense conviction means that you have been convicted of one previous DUI within the past 5-years.  The penalties for a second offense DUI conviction are as follows:

Jail time:  The minimum jail sentence for a second offense conviction is 10 days and the maximum jail sentence is 1-year.  The actual amount of jail time will be at the court's discretion and based upon the circumstances surrounding your case and previous convictions.

Fines:  The maximum fine is $2,000 for a second offense conviction.

License Suspension:  Your driver's license will be suspended for a minimum of 1-year.  The suspension period will begin upon your release from jail.  If this was a second offense within 5-years, you will not be eligible for a restricted permit.  As a condition of license reinstatement the court may order you to install an ignition interlock device on your vehicle.

Before the Idaho DMV will reinstate your license at the end of your suspension period, you will be required to file an SR22 form with the DMV showing proof of financial responsibility in the form of a Idaho SR22 policy.

Idaho Third Offense DUI

A third offense within a 5-year period in Idaho is a felony conviction and carries the following penalties:

Jail time:  For a third offense within 5-years the minimum mandatory jail sentence is 30 days up to 5-years.

Fines:  The maximum fine is $5,000 for a third offense conviction.

License Suspension:  Your driver's license will be suspended for a minimum of 1-year up to 5-years.  The suspension period will begin upon your release from jail.  You will not be eligible for a restricted permit.  As a condition of license reinstatement the court may order you to install an ignition interlock device on your vehicle.

Before the Idaho DMV will reinstate your license at the end of your suspension period, you will be required to file an SR22 form with the DMV showing proof of financial responsibility in the form of a Idaho SR22 insurance policy.

Idaho SR22 Requirements

Before the Idaho DMV will reinstate your license following your suspension period or before issuing you a restricted permit, they will require you to file an SR22 form with them before issuing you a new license or permit. You will be required to carry your SR22 insurance for a period of 3-years.

At anytime during this 3-year period if there is a lapse in your Idaho SR22 insurance filing coverage, your insurance provider is obligated by law to immediately inform the Idaho DMV of the lapse.  If a lapse in coverage occurs, the Idaho DMV will immediately suspend your license and you will be required to re-file an SR22 form with the DMV before they will issue you another license.

Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one.  DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Idaho and has worked out a special discount only available here for our website visitors.

You won't be able to find a SR22 insurance policy in Idaho for any less. Type in your zip code below so we can provide you with the cheapest rates in your area.

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Other Idaho DUI Resources

  • Idaho First Offense DUI - First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and much more.

  • Idaho SR-22 Insurance Filings - We have compiled everything you need to know about Idaho's SR22 insurance and filing requirements including important addresses, phone numbers, etc.

  • Idaho Alcohol Education DUI Programs - We offer a complete listing of state approved DUI alcohol education programs listed by County.

  • Idaho Bail Bondsmen - Comprehensive list of Idaho bail bond agents including address, phone, website, etc.

  • Idaho DUI Courts - Comprehensive list of Idaho's criminal courts listed by County.

  • Jails in Idaho - Comprehensive list of Idaho's jails and contact information.