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Idaho · DUI

Idaho DUI laws and penalties

Idaho's legal BAC limit is 0.08%. For a first offense, Idaho's statute provides jail of up to 6 months and a fine of up to $1,000. The license hearing, the ignition interlock rule and the statute behind every figure are below.

Figures read from official pages on .

Idaho DUI laws at a glance

Legal BAC limit
0.08%
Standard US limit
Enhanced penalty BAC
0.20%
Where the penalties step up
Zero tolerance (under 21)
0.02%
Limit for drivers under 21
Lookback period
10 years
Prior DUI offenses that count

License hearing: ask within 7 days

In writing, received by the department within 7 calendar days of the date the notice of suspension is served on you. Count the days with the license-hearing window calculator.
Ignition interlock required after a first conviction

Higher BAC level. A first offense at 0.20 or more carries at least 10 days in jail, up to a $2,000 fine, and a one-year suspension with no driving privileges after release.

Ignition interlock. Required on all vehicles operated, for one year after the suspension period ends, at the offender's expense; a court can relieve you on petition in limited cases.

A first offense at 0.20 or more carries a 10-day mandatory minimum, up to 1 year in jail, up to $2,000 and a 1-year no-driving period after release (§ 18-8004C); a third offense within ten years is a felony. A separate administrative suspension (90 days for a first failed test) runs on its own 7-day hearing clock.

01Penalties

Idaho DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).
Idaho statutory DUI penalties, first and second offense
Penalty1st offense2nd offense
Jail (minimum)None10 days
Jail (maximum)6 months1 year
Fine (minimum)No minimumNo minimum
Fine (maximum)$1,000$2,000
License suspension30 days absolute suspension, then 60 to 150 more days (90 to 180 days total)At least 1 year after release from confinement, no driving privileges of any kind

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Idaho compares

Of the 49 states with a confirmed BAC limit, 48 (Idaho among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Idaho requires one after every first conviction.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Idaho gives 7.

Idaho and the states that border it, first-offense figures side by side
StateBAC limitHearing requestInterlock, first offenseJail, first offenseFine, first offenseLicense, first offense
Idaho (this page)0.08%7 daysRequiredUp to 6 monthsUp to $1,00030 days absolute suspension, then 60 to 150 more days
Montana0.08%30 daysAt the judge's discretionUp to 6 months$600 to $1,0006 months
Nevada0.08%No fixed deadlineRequired2 days to 6 months$400 to $1,000185 days
Oregon0.08%10 daysRequired48 hours to 364 days$1,000 to $6,2501 year
Utah0.05%10 daysRequired2 days to 6 months$700 to $1,000120 days
Washington0.08%7 daysRequired24 hours to 364 days$350 to $5,00090 days
Wyoming0.08%20 daysIn some casesUp to 6 monthsUp to $75090 days

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUI case moves through the system in Idaho

The typical sequence, in general terms. Timing and details differ by county and by case.
  1. Arrest and booking

    Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.

  2. Release

    A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.

  3. License action

    In writing, received by the department within 7 calendar days of the date the notice of suspension is served on you.

  4. Arraignment

    The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.

  5. Pretrial resolution

    A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.

  6. Sentencing or trial

    For a first offense, Idaho's statute provides jail of up to 6 months and a fine of up to $1,000. See the penalties table above.

04Sources

Where Idaho's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.
  • Idaho Code § 18-8004(1)(a) (legislature.idaho.gov)Main statute · BAC limit, age 21 and over · BAC limit under 21
  • Idaho Code § 18-8004C(1) (legislature.idaho.gov)Higher BAC level
  • Idaho Code § 18-8005(4) (legislature.idaho.gov)Lookback period · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
  • Idaho Code § 18-8002A(7) (legislature.idaho.gov)License hearing request
Show the exact words behind each figure
Main statute

Idaho Code § 18-8004

Idaho Code § 18-8004(1)(a)

18-8004. Persons under the influence of alcohol, drugs or any other intoxicating substances. (1) (a) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances
BAC limit, age 21 and over

0.08%

Idaho Code § 18-8004(1)(a)

or who has an alcohol concentration of 0.08, as defined in subsection (4) of this section, or more, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a motor vehicle within this state
Higher BAC level

0.20%

Idaho Code § 18-8004C(1)

but who has an alcohol concentration of 0.20, as defined in section
BAC limit under 21

0.02%

Idaho Code § 18-8004(1)(d)

It is unlawful for any person under the age of twenty-one (21) years who has an alcohol concentration of at least 0.02 but less than 0.08, as defined in subsection (4) of this section, to drive or be in actual physical control of a motor vehicle
Lookback period

10 years

Idaho Code § 18-8005(4)

or any substantially conforming foreign criminal violation within ten (10) years, notwithstanding the form of the judgment(s) or withheld judgment(s)
License hearing request

7 days

Idaho Code § 18-8002A(7)

The request for hearing shall be in writing and must be received by the department within seven (7) calendar days of the date of service upon the person of the notice of suspension and notice of the requirement to install the ignition interlock system
Ignition interlock, first offense

Required after a first conviction

Idaho Code § 18-8005(1)(e)

(1) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004 (1)(a), Idaho Code, for the first time ... shall within ten (10) days following the end of the period of absolute suspension have a state-approved ignition interlock system ... installed, at his expense, on all motor vehicles operated by him for a period to end one (1) year following the end of the suspension period.
First offense: jail, minimum

None

Idaho Code § 18-8005(1)(a)

(a) May be sentenced to jail for a term not to exceed six (6) months;
First offense: jail, maximum

6 months

Idaho Code § 18-8005(1)(a)

Same passage as above.

First offense: fine, minimum

No minimum

Idaho Code § 18-8005(1)(b)

(b) May be fined an amount not to exceed one thousand dollars ($1,000);
First offense: fine, maximum

$1,000

Idaho Code § 18-8005(1)(b)

Same passage as above.

First offense: license

30 days absolute suspension, then 60 to 150 more days (90 to 180 days total)

Idaho Code § 18-8005(1)(d)

(d) Shall have his driving privileges suspended by the court for a period of thirty (30) days, which shall not be reduced and during which thirty (30) day period absolutely no driving privileges of any kind may be granted. After the thirty (30) day period of absolute suspension of driving privileges has passed, the defendant shall have driving privileges suspended by the court for an additional period of at least sixty (60) days, not to exceed one hundred fifty (150) days
Second offense: jail, minimum

10 days

Idaho Code § 18-8005(4)(a)

(a) Shall be sentenced to jail for a mandatory minimum period of no less than ten (10) days, the first forty-eight (48) hours of which must be consecutive, and five (5) days of which must be served in jail, as required by 23 U.S.C. 164, and may be sentenced to no more than one (1) year
Second offense: jail, maximum

1 year

Idaho Code § 18-8005(4)(a)

Same passage as above.

Second offense: fine, minimum

No minimum

Idaho Code § 18-8005(4)(b)

(b) May be fined an amount not to exceed two thousand dollars ($2,000);
Second offense: fine, maximum

$2,000

Idaho Code § 18-8005(4)(b)

Same passage as above.

Second offense: license

At least 1 year after release from confinement, no driving privileges of any kind

Idaho Code § 18-8005(4)(e)

(e) Shall have his driving privileges suspended by the court for an additional mandatory minimum period of one (1) year after release from confinement, during which one (1) year period absolutely no driving privileges of any kind may be granted

05Related

Related pages

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.