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Idaho DUI Law

It is illegal in Idaho to drive or be in actual physical control of a motor vehicle while under the influence of drugs and/or alcohol or with a BAC of .08 or greater. “Actual physical control” means that you are in the driver’s seat of a motor vehicle with the motor running.

Commercial Drivers

It is illegal to operate a commercial vehicle with a BAC of .04 or greater.

Under 21

It is illegal for anyone under the age of 21 to operate a motor vehicle with a BAC between .02 and .08. The first conviction will result in a fine of up to $1,000 and a suspension of your driver’s license for one year. After 90 days of the license suspension have passed, you are eligible to request a restricted license.

If you are convicted a second time, the court will sentence you to jail for a mandatory minimum of five days and fine you $500 - $2,000. Finally, the court will suspend your license for up to two years.

If your BAC is greater than .08, you will be charged as an adult.

Penalties

First Offense

– The first DUI conviction carries a maximum penalty of 6 months, $1,000 in fines, and a license suspension for 30 days.

Second Offense

– The second DUI conviction carries a maximum penalty of one year in jail, $2,000 in fines, and a license suspension of one year. The minimum jail sentence is 10 days. After getting your license back, you will be required to only operate those vehicles that are equipped with ignition interlock devices for one year. These devices prevent the operation of the vehicle if the driver’s BAC is .02 or greater.

Third Offense

– The third DUI conviction carries a maximum penalty of ten years in jail, $5,000 in fines, and a license suspension of one year. The minimum jail sentence is 30 days. This conviction is considered a felony. After getting your license back, you will be required to only operate those vehicles that are equipped with ignition interlock devices for one year. These devices prevent the operation of the vehicle if the driver’s BAC is .02 or greater.

Excessive Alcohol Concentration

If you are found guilty of a DUI and your BAC was greater than .20, the court will sentence you to a minimum of 10 days in jail and may sentence you to up to one year. Additionally, you will be fined up to $2,000 and your license will be suspended for at least a year after you are released from jail.

If you are found guilty of a second DUI with an excessively high BAC within five years, you will be guilty of a felony and may serve up to five years in prison, be fined $5,000, and lose your license for up to five years after release from prison.

Mandatory Alcohol Evaluations

All offenders must undergo, at their own expense, an alcohol evaluation by an approved facility prior to sentencing. If the evaluation is that the offender needs treatment, the court may require its completion as part of the sentence.

Aggravated Driving Under the Influence

Causing an accident that results in great bodily harm, permanent disability or disfigurement to another person will increase the maximum jail period to 15 years and the maximum fine to $5,000. Regardless of how many prior DUIs you have, the mandatory minimum sentence will be 30 days in jail.