DUI Laws in Idaho

Here's what you need to know about DUI in Idaho.

In Idaho, you can get a DUI if you drive or are in physical control of a vehicle with a blood alcohol concentration (BAC) of.08% or higher, regardless of whether your driving ability was actually impaired. However, you can also get a DUI if you’re driving or in physical control of a vehicle and your ability to drive is impaired as the result of ingesting alcohol, drugs, or any combination of these. Idaho law defines being in “physical control” of a vehicle as being in the driver’s seat with either the motor running or the vehicle moving.  

And the law in Idaho says that if you’re driving or in physical control of a vehicle, you’ve given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Idaho and other details about Idaho DUI law.

In Idaho, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in Idaho, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

$250 fine; 1 year license suspension (defendants who install an ignition interlock device on their vehicle might be eligible for a restricted license that allows for driving to/from work/school/alcohol treatment program)

$250 fine; 2 year license suspension (defendants who install an ignition interlock device on their vehicle might be eligible for a restricted license that allows for driving to/from work/school/alcohol treatment program)

$250 fine; 2 year license suspension (defendants who install an ignition interlock device on their vehicle might be eligible for a restricted license that allows for driving to/from work/school/alcohol treatment program)

In Idaho, when do police have to measure your BAC?

In Idaho, law enforcement officers are supposed to measure your BAC at the time of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in Idaho?

In Idaho, the maximum BAC for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%. Penalties include one year suspension of license (first offense); one or two year suspension of license and five days jail (second offense); minimum one year suspension of license or suspension of license until 21st birthday (whichever is greater) and ten days jail (third offense)

What are the minimum jail times for a DUI in Idaho?

Here are the minimum jail times for a DUI in Idaho, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

No minimum required jail term

5 days jail

10 days jail

How long will prior DUI convictions remain relevant for sentencing purposes in Idaho?

In Idaho, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI offense) for ten years.

Can a DUI be “pleaded down” to a "wet reckless" in Idaho?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There's no statutory provision on whether a wet reckless plea bargain will be accepted in Idaho, but it's possible a lawyer may be able to create a plea bargain for you.

If you are interested in contacting a lawyer, you can find a DUI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI offenders in Idaho?

For a first offense, it's within the judge's discretion to order an IID for defendants who've had any part of their sentence suspended. For most second and third offenses, IIDs are required for the lenght of probation.

Where can I get more information about DUI laws in Idaho?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Idaho DUI attorneys in your area.

Last updated on 02/16/2016.

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