Idaho · DUI · Checked October 2026

DUI Laws in Idaho

What Happens if You Get a DUI in Idaho?

Idaho calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 7 days to challenge your license suspension
First offense jail: Up to 6 months
First offense fine: Up to $1,000
First offense license: 30 days of absolute suspension, then an additional 60 to 150 days during which the court may allow restricted driving for employment or family health needs
Felony: A third DUI with two or more prior DUIs within 10 years is a felony. Any DUI within 15 years of a prior felony DUI, felony excessive-alcohol DUI, aggravated DUI or vehicular manslaughter under § 18-4006(3)(b) is also a felony. Aggravated DUI (causing great bodily harm) and a second 0.20-or-more DUI within 5 years are felonies

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Idaho DUI Laws: Key Facts

Legal limit (adults): 0.08 BACIdaho Code § 18-8004(1)(a)-(d); § 18-8004C (0.20 excessive alcohol concentration)
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (an alcohol concentration of at least 0.02 but less than 0.08)
Enhanced penalties from: 0.2 BAC
Lookback period: 10 years
Insurance filing: SR-22, 3 years, beginning at the end of the suspension period (DUI conviction)

Idaho DUI Penalties by Offense

DUI penalties in Idaho for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	misdemeanor	misdemeanor	felony
Jail	up to 6 months	10 days to 1 year (first 48 hours consecutive; 5 days must be served in jail; work detail possible)	up to 10 years in state prison; if the court imposes anything other than prison, at least 30 days in county jail (first 48 hours consecutive; 10 days must be served in jail)
Fine	up to $1,000	up to $2,000	up to $5,000
License suspension	30 days of absolute suspension, then an additional 60 to 150 days during which the court may allow restricted driving for employment or family health needs	mandatory minimum 1 year of absolute suspension after release from confinement	mandatory minimum 1 year of absolute suspension after release, plus up to 4 more years during which the court may allow restricted driving
Ignition interlock	ignition interlock installed within 10 days after the absolute suspension ends, on all vehicles operated, until 1 year after the suspension period ends (unless the court grants an exception)	may drive only a vehicle with a functioning ignition interlock after the 1-year mandatory suspension	may drive only a vehicle with a functioning ignition interlock after the 1-year mandatory suspension

First offense: Idaho Code § 18-8005(1), (11), (15) · Second offense: Idaho Code § 18-8005(4) · Third offense: Idaho Code § 18-8005(6)

When Penalties Are Higher

first DUI with an alcohol concentration of 0.20 or more: misdemeanor with 10 days to 1 year in jail (first 48 hours consecutive), a fine up to $2,000, license surrender and a mandatory minimum 1-year absolute suspension after releaseIdaho Code § 18-8004C(1)
DUI at 0.20 or more with a prior 0.20-or-more DUI within 5 years: felony: up to 5 years in prison (or at least 30 days in county jail if not imprisoned), a fine up to $5,000, a 1- to 5-year absolute suspension after release, then interlockIdaho Code § 18-8004C(2)
causing great bodily harm, permanent disability or permanent disfigurement to another person (aggravated DUI): felony: up to 15 years in prison (or at least 30 days in county jail if not imprisoned), a fine up to $5,000, a 1- to 5-year absolute suspension after release, and restitutionIdaho Code § 18-8006(1)
any new DUI within 15 years of a prior felony DUI, felony excessive-alcohol DUI, aggravated DUI or vehicular manslaughter under § 18-4006(3)(b): felony, sentenced as a third offense under § 18-8005(6)Idaho Code § 18-8005(9)

More on Idaho DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

$250 civil penalty; absolute license suspension of 1 year (first refusal) or 2 years (second refusal within 10 years) with no restricted permit; ignition interlock on all vehicles operated until 1 year after the suspension ends. You may request a court hearing in writing within 7 calendar days; there is no right to consult an attorney before testing.Idaho Code § 18-8002(1)-(4)

Official source: if you refuse a breath or blood test in Idaho

Getting a Restricted Driving Permit (Restricted Noncommercial Vehicle Driving Privileges)

For a 90-day administrative suspension, you may apply to ITD (form ITD 3227, $60 fee, plus the $245 ALS reinstatement fee) for restricted driving that starts after the 30-day absolute period, for work, school, GED, postsecondary education or medical needs. For a first-offense criminal suspension, the court may allow restricted driving after the 30-day absolute period if it is necessary for employment or family health needs; apply to the court clerk. Drug court or mental health court participants may qualify after at least 45 days of absolute suspension with an interlock and proof of financial responsibility. No restricted privileges for a refusal suspension, a second failed test within 5 years, or for commercial vehicles.

Official source: getting a restricted driving permit (restricted noncommercial vehicle driving privileges) in Idaho

Ignition Interlock

First offense: Yes: installed within 10 days after the 30-day absolute suspension ends and kept until 1 year after the suspension period ends; an administrative suspension (failed test) also requires an interlock for 1 year after the suspension ends Repeat offenses: Yes: may drive only a vehicle with a functioning interlock after the mandatory 1-year suspension Installation and operation are at your expense. A court may relieve you of the requirement if it finds by clear and convincing evidence that you are not a danger or that there are exceptional circumstances; financial hardship alone does not qualify. Courts may allow use of the court interlock fund on a showing of financial hardship.

Official source: ignition interlock in Idaho

Can a DUI Come Off Your Record?

A court may set aside the guilty plea or conviction and dismiss the case for a defendant who received a withheld judgment or suspended sentence, or a misdemeanor defendant not sentenced to jail time; a felony may be reduced to a misdemeanor after discharge from probation Waiting period: Felony reduction: if less than 5 years since discharge from probation, only with the prosecutor's agreement Requires no probation violations and good cause. Idaho's DUI penalty statutes still count a prior DUI regardless of the form of the judgment or a withheld judgment.

Official source: can a dui come off your record? in Idaho

Drivers Under 21

Drivers under 21 may not drive with an alcohol concentration of at least 0.02 but less than 0.08; the offense is a misdemeanor First offense: fine up to $1,000, 1-year suspension (90 days absolute) and an alcohol evaluation. Second: 5 to 30 days in jail, a $500 to $2,000 fine, up to 2 years of suspension (1 year absolute) and interlock afterward. Third with two priors within 5 years: 10 days to 6 months in jail, a $1,000 to $2,000 fine, suspension of at least 1 year or until age 21 (whichever is greater) and interlock afterward. A minor convicted of DUI at 0.08 or more also loses driving privileges for an additional year or until age 21, whichever is greater.

Official source: drivers under 21 in Idaho

Driving After Using Drugs

Yes. The same statute covers driving under the influence of alcohol, drugs or any other intoxicating substances, or any combination; being legally entitled to use a drug is not a defense

Official source: driving after using drugs in Idaho

More on DUI Law in Idaho

For the state's own guidance, see Idaho Transportation Department: Driver Records and Suspensions (DUI and ALS).

This page summarizes Idaho law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Idaho can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in Idaho?

Jail: up to 6 months. Fine: up to $1,000. License suspension: 30 days of absolute suspension, then an additional 60 to 150 days during which the court may allow restricted driving for employment or family health needs.

How Long Do You Have to Request a License Hearing in Idaho?

7 days. How it is counted: the date of service of the notice of suspension (the written request must be received by the Idaho Transportation Department within 7 calendar days); after a test refusal, the 7-day written hearing request goes to the court instead. Send a written request to the Idaho Transportation Department (ITD) that includes your name, license number, daytime phone number and the issues you will raise: email the ITD Administrative License Suspension unit (the address is on its page) or mail Idaho Transportation Department, Attn: Driver Services, PO Box 7129, Boise, ID 83707-1129. If you miss it, the suspension usually takes effect automatically.

When Is a DUI a Felony in Idaho?

A third DUI with two or more prior DUIs within 10 years is a felony. Any DUI within 15 years of a prior felony DUI, felony excessive-alcohol DUI, aggravated DUI or vehicular manslaughter under § 18-4006(3)(b) is also a felony. Aggravated DUI (causing great bodily harm) and a second 0.20-or-more DUI within 5 years are felonies.

Do You Need an SR-22 After a DUI in Idaho?

Yes. How long: 3 years, beginning at the end of the suspension period (DUI conviction). An SR-22 is a form your insurer files with the state to prove you carry the required coverage.