Idaho DUI Laws and Penalties
Explained
Idaho enforces strict driving under the influence (DUI) laws to protect public safety on the Gem State's roadways. Understanding Idaho's DUI regulations, penalties, and legal procedures is essential for all drivers. This comprehensive guide provides detailed information about Idaho DUI laws, from first offense consequences to felony charges.
An Overview of Idaho DUI Laws
Idaho's DUI statute is found in Idaho Code § 18-8004, which prohibits operating or being in physical control of a motor vehicle while under the influence of alcohol, drugs, or other intoxicating substances, or with a blood alcohol concentration of 0.08% or greater.
Legal Blood Alcohol Concentration (BAC) Limits:
• Adult drivers (21 and older): 0.08% BAC
• Commercial drivers: 0.04% BAC
• Drivers under 21: 0.02% BAC (Zero Tolerance Law)
Types of DUI Charges in Idaho:
• DUI Per Se: BAC of 0.08% or higher
• DUI Impairment: Under the influence regardless of BAC level
• DUI Drugs: Under the influence of illegal drugs or prescription medications
• Underage DUI: BAC of 0.02% or higher for drivers under 21
• Aggravated DUI: DUI causing great bodily harm or permanent disability
An Overview of Idaho DUI Penalties
Under Idaho law (Idaho Code § 18-8004), DUI penalties can include hefty fines, possible jail time, license suspension, and the installation of an ignition interlock device, with the severity depending on your history and specific situation.
These consequences can have a lasting impact on your driving privileges, job prospects, and financial stability. Whether you're looking for general information or dealing with DUI charges, it's important to understand Idaho's tough laws and the increasing penalties that come with each offense.
Specific Penalties for a DUI in Idaho
Idaho DUI Fine Schedule
Idaho DUI fines vary significantly based on the offense level and circumstances. First-time offenders face fines up to $1,000, while repeat offenders can face substantially higher penalties. Enhanced BAC levels (0.15% or higher) result in increased fine amounts. All fines are in addition to court costs, administrative fees, and other associated expenses.
First Offense
Second Offense
Third Offense (Felony)
Aggravated DUI
Idaho Imprisonment Terms
Idaho DUI imprisonment terms escalate with each subsequent offense within the 10-year lookback period. While first offenses may result in suspended jail time with probation, repeat offenses carry mandatory minimum imprisonment terms. Third and subsequent offenses become felonies with potential prison sentences.
First Conviction
- Up to 6 months imprisonment
- BAC 0.15+ or aggravating factors: Up to 6 months (minimum 2 days)
Second Conviction
- 10 days to 1 year imprisonment (minimum 10 days mandatory)
- BAC 0.15+ or aggravating factors: Enhanced minimum terms
Third Conviction (Felony)
- 30 days to 10 years prison (minimum 30 days non-suspendable)
- BAC 0.15+ or aggravating factors: Enhanced minimum terms
Aggravated DUI
- Up to 15 years prison (felony charge)
- Enhanced penalties for great bodily harm or death
Idaho Vehicle Impoundment/Immobilization
Idaho law allows for vehicle impoundment in certain DUI cases, particularly for repeat offenders or when aggravating circumstances are present. Vehicle owners are responsible for all towing and storage fees during the impoundment period.
Unless the family has no other transportation:
Idaho Driver License Revocation Periods
Idaho imposes both administrative and criminal license suspensions for DUI offenses. Administrative suspensions take effect immediately upon arrest, while criminal suspensions follow conviction. The state's 7-day deadline for requesting administrative hearings is strictly enforced, and failure to request a hearing results in automatic suspension.
First Offense
- • 90-180 days suspension (first 30 days absolute)
- • Enhanced: Test refusal: 1 year suspension
Second Offense
- • 1 year suspension (no restricted privileges)
- • Enhanced: Test refusal: 2 years suspension
Third Offense (Felony)
- • 1-5 years suspension (first year absolute)
- • Enhanced: Habitual violator classification possible
Aggravated DUI
- • 1-5 years suspension
- • Enhanced: Permanent revocation possible for multiple aggravated offenses
Serious DUI Offenses in Idaho
Idaho treats DUI-related fatalities as serious felonies. Aggravated DUI causing great bodily harm or death can carry up to 15 years in prison and substantial fines. These cases demonstrate how Idaho distinguishes common DUI charges from those involving loss of life or serious injury. The legal consequences reflect the permanent damage caused by impaired driving decisions.
DUI Manslaughter
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Vehicular Homicide
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Idaho Ignition Interlock Law and Device Guidelines
Idaho law mandates ignition interlock devices for all DUI convictions. First-time offenders must install an ignition interlock device for one year after the suspension period. Repeat offenders face mandatory ignition interlock requirements ranging from one to two years, depending on their conviction history and BAC levels.
The device must be installed by a state-approved provider and requires regular maintenance and monitoring. All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. Tampering with or circumventing the device constitutes a separate criminal offense under Idaho law.
For complete statutory language and the most current information, please refer to:
Idaho Code § 18-8004Idaho Transportation Department
About Low Cost Interlock
Low Cost Interlock is a premiere provider of ignition interlock devices in Idaho. Our ignition interlock services are designed to make the ignition interlock program easy and convenient for you, ensuring that you complete your interlock obligations without hassle. Our system has been tested to ensure reliability in an affordable, easy-to-use design.
