Idaho DUI Laws

Idaho, like most states, has what is referred to as an implied consent law. When you operate a motor vehicle on Idaho roadways, you are agreeing to submit yourself to a breath, blood, or urine test to determine if you are driving under the influence (DUI). Refusal to be tested can result in penalties which include suspension of your driver’s license for 6 months to one year. You will also be fined $250.00 and given a temporary license to replace your suspended license until your trial date. You will have to defend your refusal of the test and if you are found guilty, your license will be revoked for one year on the first refusal and 2 years on the second refusal if it occurs within 10 years of the first. Should the court find that the officer did not have grounds for the arrest, your license will be reinstated. The penalties connected to a DUI conviction will include jail time in the state penitentiary and fines of more than $5,000.00. There is a zero tolerance policy in place for under age drinkers with the drinking age set at 21. Underage drinkers will automatically loose their license immediately as well as loose driving privileges for 6 months or more.



It is considered a crime in Idaho to operate a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. Sentences are more severe for persons found to have a BAC of 0.15% or more. The “Per Se” BAC does not need any other proof of intoxication other than the 0.08% level for you to be convicted. The enhanced penalties applied to individuals with 0.15 to 0.20% will include more jail time, harsher fines, and driver’s license sanctions.

Idaho law states that drivers under 21 may not have a BAC of more than 0.00%. Idaho has a zero tolerance policy for persons under 21. These restrictions limit the underage driver to less than 0.01% which can be found in cough syrup. Persons over 21 with a BAC of 0.08% and commercial drivers with a BAC of 0.04% or more will be charge with a DUI.

Idaho participates in the Driver’s License Compact with other states. This makes the arm of the law far reaching with regards to DUI arrests. Receiving a DUI in another state which is part of this compact is the same as receiving a DUI in Idaho and will appear on your driving record as well as apply to driver’s license penalties applied to your conviction.



The first conviction will result in up to 6 months of jail time in the state penitentiary and up to $1,000.00 in fines. Your license will also be suspended for 90 to 180 days. After 30 days of license suspension, you may be able to get a restricted license. You may also be required to complete a Substance Abuse Treatment Program. The first DUI offense in Idaho is considered a misdemeanor.

The second offense will result in 10 days up to 1 year of jail time in the state penitentiary and fines up to $2,000.00 as well as an assignment to a work detail with the County Sheriff. Your license will be suspended for one year after your release from jail. At the end of that year, you will be required to install the Interlock Ignition Device (IID) on your vehicle at your expense. You may also be required to go through an Alcohol Evaluation and Treatment program once again at your expense.

The third DUI offence in Idaho is considered a felony and will result in 30 days to 5 years of jail time in the state penitentiary. Your fines can be in an amount up to $5,000.00 and a license suspension from 1 year to 5 years. After one year of your license suspension has been served, you may be required to pay for the installation of the IID on your vehicle to get your driving privileges back. You are more likely to be required to participate in an Alcohol Evaluation and Treatment Program at your expense.

In order to get your driver’s license back, you will be required to pay a reinstatement fee of $25.00 to $285.00 to the Idaho Transportation Department. With a DUI offense you will also have to supply proof that you are financially able to pay for any damages you cause in an accident for the next three years. The usual method of proof requires SR-22 insurance.