Idaho DUI laws and information


Idaho First Offender

You are DUI if your blood alcohol content (BAC) is over .08%. Any individual who has a .08 or higher BAC result on the breathalyzer may receive a notice of suspension and have his or her driver's license seized on the spot by the arresting officer.

First Offense (within a 5 year period)


Up to $1,000.00 fine.


2 days to 6 months in jail.

License Suspension

Suspend driver's license for 180 days with at least the first 30 days absolute and the remainder restricted. *

Alcohol Evaluation

You must obtain an alcohol evaluation and follow the recommendations of that evaluation *

Victim's Panel

Attend Victims' Panel *


1 to 2 years probation - may be supervised.

* Denotes penalties which are mandated by statute.


Failure to request a hearing within 7 days will result in an automatic and absolute suspension of your driving privileges for a minimum of 30 days and restricted privileges for a minimum of 60 days, whether or not you plead or are found guilty of DUI.

Test Refusal

Refusing to provide a breath test when requested will also result in automatic suspension of driving privileges for a minimum of 180 days absolute unless a BAC hearing is requested within 7 days.

Alcohol Treatment Program

In some parts of the state, an alcohol program called "DUI Court" is available.

This is for first offenders with high BACs (over .15%) who want reduce jail time, and for repeat offenders. You must complete two days of the local sheriff's labor program, attend at least 30 AA meetings, and fulfill 16 other requirements.

Under 21

You are DUI if you test with a BAC of .02% or higher.


Your insurance costs will probably increase considerably, perhaps for your entire family. Your insurance carrier may drop you, forcing you to find more expensive coverage. If you have to drive for your job, your employer's insurance rates may go up as well.

More Severe Consequences

More severe criminal actions are taken for DUI with a passenger under the age of 16 years, and DUI with an injury or a fatal crash.

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