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
| 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 |
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
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
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
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)
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
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)
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.