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DUI in Idaho

DWI in Idaho

In the state of Idaho, once pulled over and charged with driving while intoxicated (DUI) you face two separate cases. The first is a criminal court case with the state of Idaho. This case can bring fines, jail, alcohol education classes, community service, etc. The second case is with the Idaho Transportation Department. This case will bring license suspension. The state of Idaho considers any DUI conviction serious. The fines and/or jail time are sentenced harshly. Either case is serious and you need a qualified and experienced DUI lawyer to protect your freedom and your rights. Contact us immediately.

In the state of Idaho, a blood-alcohol content level (BAC) of 0.08% or higher is considered legally intoxicated and the consequences are harsh, especially against repeat offenders. It is illegal for any person to drive or to be in actual control of a motor vehicle upon a highway, street, or any public or private property open to the public, while under the influence of alcohol, drugs, or any other intoxicating substance. Open containers are also illegal in the state of Idaho. Consumption of drugs, legal or illegal, that impair your driving abilities are considered intoxicating substances or drugs. In Idaho, there is a set level for alcohol intoxication; however, there is currently no set level to decide drug or substance intoxication.

If a driver falls under one of these three circumstances, the State of Idaho will charge you with driving under the influence (DUI):

  • If you are younger than 21 and your BAC is .02% or more. Even if your BAC is below .08% you will still be charged with a DUI and face adult charges if you are under the influence of some other intoxicating substance.
  • If you are operating a commercial vehicle and your BAC is .04% or higher.
  • If you are 21 and older and your BAC is .08% or higher.

Any driver charged with a DUI in Idaho has only 7 days from the date of the arrest to petition the Idaho Transportation Department for an administrative hearing regarding driver's license suspension. This request must be in writing and can be mailed, faxed, or hand delivered to the Idaho Transportation Department. 


Punishments for DUI convictions in the state of Idaho are below:

First Offense:

  • Jail time – 2 days to 6 months
  • Alcohol evaluation
  • Follow the recommendations of the alcohol evaluation.
  • Fine up to $1,000
  • Attend Victims' Panel
  • Probation of 1 to 2 years. This may be supervised.
  • Driver's license suspension for up to 180 days.
  • Driving record will be erased after 5 years of clean driving.
  • Possible community service.
  • Possible interlock ignition device required on vehicle.

Second Offense (within a five year period):

  • Jail time of 10 days to 1 year
  • Fine up to $2,000
  • Alcohol evaluation and must follow the recommendations of the alcohol evaluation.
  • Driver's license suspended for one year
  • After driver's license suspension has ended an Interlock Device must be installed on vehicle for one year.
  • Supervised probation for two years
  • Possible community service.
  • Possible interlock ignition device required on vehicle.
  • Driver's license reinstatement fee of $300

Third Offense (felony if it is received within a five year period of 1st offense):

  • License suspension for 1 to 5 years
  • Fine up to $5,000
  • Jail time of 30 days to 5 years
  • Supervised felony probation
  • Possible community service.
  • Possible interlock ignition device required on vehicle.
  • Driver's license reinstatement fee of $500

For fourth-time DUI offenders the state has implemented a “black list”. This list is given to bars and stores in the state and any establishment would have the right to refuse service to anyone on the “black list”. Fourth-time offenders also face loosing their driving privileges for years.

Fourth Offense:

  • Jail time of 13 months
  • Fine of $10,000
  • Lose driver's license for 5 years
  • May be offered a probationary license after two year with an interlock ignition device installed on vehicle. This will need approval from the probationary officer assigned.
  • Supervised felony probation
  • Name added to Idaho's statewide “black list”. Establishments can refuse service to any person on the list.

The above fines and punishments will drastically increase when the driver's alcohol level (BAC) is .20% or higher. The State of Idaho considers DUI a serious charge and is prepared to sentence the harshest punishment available under the law. You need proper representation to insure that your rights and personal freedom are protected. Contact us immediately. Time is of the essence.