Idaho · DUI · Checked October 2026

Idaho DUI Penalties: First, Second and Third Offense

Idaho DUI Penalties: What Are the Rules?

Idaho sets DUI penalties by offense, and they rise with each conviction.

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
Lookback period
10 years

Idaho DUI Penalties by Offense

DUI penalties in Idaho
PenaltyFirst offenseSecond offenseThird offense
Chargemisdemeanormisdemeanorfelony
Jailup to 6 months10 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)
Fineup to $1,000up to $2,000up to $5,000
License suspension30 days of absolute suspension, then an additional 60 to 150 days during which the court may allow restricted driving for employment or family health needsmandatory minimum 1 year of absolute suspension after release from confinementmandatory minimum 1 year of absolute suspension after release, plus up to 4 more years during which the court may allow restricted driving
Ignition interlockignition 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 suspensionmay drive only a vehicle with a functioning ignition interlock after the 1-year mandatory suspension

Other First Offense Penalties in Idaho

  • alcohol evaluation by an approved substance use disorders provider before sentencing (may be waived for some first offenders)
  • treatment ordered if the evaluation recommends it

Official source: other first offense penalties (Idaho)

Other Second Offense Penalties in Idaho

  • applies to a second violation within 10 years, regardless of the form of the prior judgment or a withheld judgment
  • surrender of driver's license to the court
  • alcohol evaluation before sentencing

Official source: other second offense penalties (Idaho)

Other Third Offense Penalties in Idaho

  • applies to a third violation with two or more priors within 10 years
  • surrender of driver's license to the court

Official source: other third offense penalties (Idaho)

When Penalties Are Higher in Idaho

  • 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 release
  • 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 interlock
  • 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 restitution
  • 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)

Official source: when penalties are higher (Idaho)

When a DUI Is 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.Idaho Code § 18-8005(6), (9); § 18-8004C(2); § 18-8006

Official source: when a dui is a felony (Idaho)

How Far Back Prior Offenses Count in Idaho

10 years. Priors within 10 years enhance a second or third DUI; 15 years after a felony DUI-type conviction; 5 years for a repeat 0.20 excessive-alcohol felony. Time between the offense date and the guilty plea or verdict on the pending offense is excluded from the count.Idaho Code § 18-8005(4), (6), (8), (9); § 18-8004C(2)

Official source: how far back prior offenses count (Idaho)

More on DUI Law in Idaho

See the full overview of DUI laws in Idaho and read about first-offense DUI penalties across the states.

This page summarizes Idaho law from official sources, checked October 2026. It isn't legal advice; 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.

What Is the Penalty for a Second DUI in Idaho?

Jail: 10 days to 1 year (first 48 hours consecutive; 5 days must be served in jail; work detail possible). Fine: up to $2,000. License suspension: mandatory minimum 1 year of absolute suspension after release from confinement.

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.

Sources

  1. Penalties: Idaho Code § 18-8005(1), (11), (15)
  2. Penalties: Idaho Code § 18-8004C(1)
  3. Penalties: Idaho Code § 18-8006(1)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.