Idaho DUI State Law

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Idaho DUI Laws

Idaho's Implied Consent Law
Idaho's BAC Rule
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

Idaho DUI laws are very specific: you have 7 days from a DUI arrest to request a hearing. If you do not do this, the arrest reverts to a mandatory license suspension. This is why it is critical for you to hire an Idaho DUI lawyer quickly and have them submit your claim to the Idaho Transportation Department within that short, seven day timeframe.

Idaho DUI Law

In Idaho, DUI laws state that you can refuse a DUI test if a police officer requests it, but if you do, they will immediately take your driver's license from you. If you file a request for a hearing, you may be given a 7-day temporary permit. If you are convicted of a DUI, this will add an additional 180 days to your Idaho DUI penalties. A second refusal within five years will result in a full one-year suspension of your driver's license. There are no restricted privileges allowed.

Implied Consent

Implied consent is present in Idaho. This means that by driving on the state's roadways, you are consenting to give a chemical test of your blood, alcohol or breath if a police officer requests it because they believe you are under the influence of alcohol or drugs.

If you refuse to take this test, this will result in a fine of $250 and your driver's license will be seized. A temporary license may be available for 30 days or until your hearing. The driver must prove at the hearing he was not impaired. A license revocation for convictions of one year will be applied.

Idaho Blood Alcohol Concentration Laws

In Idaho, the DUI laws state that a blood alcohol concentration of 0.08 percent is considered in violation. More so, for those under the age of 21, a zero tolerance policy is in effect for those under the age of 21, where any trace of alcohol in the system will warrant charges. Further, the enhanced penalty blood alcohol level is 0.20 percent, where fines, jail time and suspension are further elevated. A judge can levy bigger fines, jail time and enhanced suspensions!

Idaho DUI Laws For 1st Offense

A first time offender will face:

  • Fines up to $1000.
  • 2 days to 6 months in JAIL.
  • 180 suspended driver's license, with the first 30 days being a hard suspension, with no restricted use.
  • Alcohol evaluation required.
  • Attend a victims panel.
  • Two years of probation.
  • Misdemeanor charge

Idaho DUI Laws: 2nd Offense

In Idaho, the look back period is five years. During that time, if you are convicted of a second (or subsequent) DUI charge, you will be prosecuted as a repeat offender. A second conviction in five years will result in the following Idaho DUI penalties:

  • Fines up to $2000.
  • 10 days to 1 year in JAIL.
  • 1 year absolute driver's license revocation.
  • Alcohol evaluation and required treatment.
  • Interlock device installed on car for full year after suspension ends.
  • 2 years or supervised probation.
  • Misdemeanor charge

Idaho 3rd Offense (And Subsequent)

If you are convicted of a third DUI charge within five years of the first, you will face a felony charge. The third offense also lengthens the look back period to 10 years. This means that any convictions in the last 10 years could count towards Idaho DUI penalties.

  • Fines up to $5000.
  • 30 days up to 5 years in JAIL.
  • Supervised felony probation.
  • Suspension of driver's license for one to 5 years, with at least one year without restrictive license options.

Hiring an Idaho DUI Attorney Critical

Since the Idaho DUI laws are so substantial, it is critical that you hire a qualified, specialized Idaho DUI attorney to handle your case. They have successfully helped individuals to reduce charges or have them dropped. They can help to get fines, jail time and driver's suspension charges reduced, too. Remember, you have just 7 days to file a request for a hearing.

Contact Idaho Drunk Driving Attorneys


Contact our Attorneys to get more information about Drunk Driving in Idaho:

  • Blackfoot
  • Boise
  • Burley
  • Caldwell
  • Coeur D Alene
  • Eagle
  • Hayden
  • Idaho Falls
  • Jerome
  • Lewiston
  • Meridian
  • Moscow
  • Mountain Home
  • Nampa
  • Pocatello
  • Post Falls
  • Rexburg
  • Sandpoint
  • Twin Falls
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