Idaho DUI Laws and Penalties

The definition of “driving under the influence” (DUI) and consequences of a conviction.

Idaho prohibits any person from driving or being in actual physical control of a vehicle:

  • with a blood alcohol content (BAC) of .08% or greater (this BAC threshold is reduced to .02% for those under 21 and .04% for commercial drivers), or
  • while under the influence of drugs, alcohol, illicit substances, or some combination thereof.

Actual physical control is defined as being in the driver's position in the vehicle with the motor running or with the vehicle moving. Thus, just sitting in the vehicle with the motor running while under the influence could lead to a DUI conviction.

Jail Time and Fines for Idaho DUI Convictions

The minimum and maximum jail time and fines for a DUI conviction in Idaho largely depend on how many prior DUI convictions you have within the last ten years. Here are some of the possible consequences of a first, second, and third DUI conviction.

1st offense

2nd offense

3rd offense

Jail Time

Up to 6 months (10 days to 1 year if BAC of at least .20%)

10 days to 1 year (30 days to 5 years if BAC of at least .20%)

30 days to 10 years


$1,000 maximum (up to $2,000 if BAC of at least .20%)

$2,000 maximum (up to $5,000 if BAC of at least .20%)

$5,000 maximum

License Suspension

90 to 210-day suspension (1 year if BAC of at least .20%)

At least 1 year (1 to 5 years if BAC of at least .20%)

1 to 5 years

Ignition Interlock Device (IID)

1 year

At least 1 year

At least 1 year

All motorists convicted of a DUI in Idaho must also complete a substance abuse evaluation to determine whether treatment or program is warranted to address drug or alcohol dependence. The sentencing judge will generally consider the evaluation report and the convicted motorist must complete all court-ordered treatments.

Implied Consent and License Suspension

All drivers within the state of Idaho are deemed to have consented to a blood, breath, or urine test if arrested for DUI. Drivers who refuse testing face the following suspension and ignition interlock device (IID) periods.

1st offense

2nd offense

Suspension Period

1 year

2 years

Ignition Interlock Device (IID)

1 year

1 year

Restricted Licenses

First-time DUI offenders may be eligible for a restricted license after completing 30 days of the suspension. With a restricted license, the driver must have an IID and is generally limited to driving for health and work-related purposes. DUI offense with prior convictions may also petition the court for a restricted license, but must complete 45 days of their suspension and is participating in a substance abuse program.

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