Idaho DUI Laws

Each year, over 10,000 people are arrested for driving under the influence (DUI) in Idaho, according to the Idaho State Police. If you’ve found yourself charged with a DUI in Idaho, you are not alone. You may be wondering, “what are the laws surrounding DUIs?” Idaho has some of the toughest DUI laws in the United States, so a DUI charge requires immediate action to fully protect all of your rights. Although it is possible to defend yourself against this charge, an experienced DUI defense attorney can increase your chances of getting a better result. We are here to help guide you through what can be a very complicated process.

First, let’s cover the penalties for a DUI charge. The legal limit varies in Idaho.

  • Over the age of 21 – .08% blood alcohol content (BAC).
  • Under the age of 21 – Idaho is a Zero Tolerance state, meaning the legal limit for those under 21 is .02% BAC.
  • Commercial Vehicles – .04% BAC.

If you are found to be over these limits, you are subject to the penalties outlined in Idaho Code 18-8005.

Idaho DUI, First Offense

  • Misdemeanor violation
  • Up to 6 months in jail
  • Fines up to $1,000
  • 90-180 day suspension of driver’s license.
  • Mandatory ignition interlock device, more commonly known as an in-car breathalyzer. This system locks the ignition and administers a breath alcohol test before unlocking the ignition and allowing the car to start. The driver is responsible for all costs associated with purchasing, installing, and maintaining ignition interlock. This penalty was put into place in 2019.

Idaho DUI, Second Offense

  • Misdemeanor violation
  • Mandatory 10 days in jail, up to 1 year
  • Fines up to $2,000
  • One-year mandatory suspension of driver’s license beginning after release from confinement
  • Mandatory ignition interlock device at the expense of the driver.

Idaho DUI, Third Offense

  • Felony violation
  • Mandatory 30 days in jail, but can be up to 5 years
  • Fines up to $5,000
  • One-year mandatory suspension of driver’s license, but can be up to 4 years, beginning after release from confinement
  • Mandatory ignition interlock device at the expense of the driver.

A DUI with a BAC of .20% or higher is considered an excessive DUI in the state of Idaho and is subject to enhanced penalties. Even if it is a person’s first DUI, the penalties include a misdemeanor violation, mandatory 10 days in jail that could potentially be increased up to a year, fines up to $2,000, and a mandatory one-year license suspension. If a driver is charged with two excessive DUIs in 10 years, the charge is automatically a felony rather than a misdemeanor.


Disclaimer: We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Idaho may have more current or accurate information. Please check official sources.