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.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.
01Penalties
Idaho DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | None | 10 days |
| Jail (maximum) | 6 months | 1 year |
| Fine (minimum) | No minimum | No minimum |
| Fine (maximum) | $1,000 | $2,000 |
| License suspension | 30 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.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Idaho (this page) | 0.08% | 7 days | Required | Up to 6 months | Up to $1,000 | 30 days absolute suspension, then 60 to 150 more days |
| Montana | 0.08% | 30 days | At the judge's discretion | Up to 6 months | $600 to $1,000 | 6 months |
| Nevada | 0.08% | No fixed deadline | Required | 2 days to 6 months | $400 to $1,000 | 185 days |
| Oregon | 0.08% | 10 days | Required | 48 hours to 364 days | $1,000 to $6,250 | 1 year |
| Utah | 0.05% | 10 days | Required | 2 days to 6 months | $700 to $1,000 | 120 days |
| Washington | 0.08% | 7 days | Required | 24 hours to 364 days | $350 to $5,000 | 90 days |
| Wyoming | 0.08% | 20 days | In some cases | Up to 6 months | Up to $750 | 90 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
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.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
In writing, received by the department within 7 calendar days of the date the notice of suspension is served on you.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
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.
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
- 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 figureHide the exact words
- 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
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
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.