PENALTY FOR DUI IN IDAHO

Boise Criminal Law Center

(208) 472-2385

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101 S. Capitol Blvd., Suite 701
Boise, ID 83702
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First Time DUI Penalty in Idaho :
  • Misdemeanor Charge
  • Up to 6 months in jail
  • Up to $1,000 fine
  • 30 day absolute driver's license suspension plus an additional suspension of between 60-150 days where the defendant may apply for restricted driving privileges
  • Alcohol evaluation
  • Victim's panel

If you are charged with a DUI because you had a blood alcohol level of .04 or greater and you had drugs or other intoxicating substances in your system and you were operating a commerical vehicle, in addition to the above penalties, you will also have your commercial driver's license suspended for 1 year.  There is no provision in the Idaho Code allowing for a restricted commerical driver's license.

Second Time DUI Penalty in Idaho - Within 10 years of the first charge:
  • Misdemeanor Charge
  • Up to 1 year in jail 
  • Up to $2,000 fine
  • 1 year absolute driver's license suspension begining after release from incarceration
  • May only drive an automobile with a functioning ignition interlock device for the term of probation
  • Alcohol evalutaion
  • Victim's panel

In addition, if you were driving a commercial vehicle with the above stated criteria, you will lose you commerical driver's license for 1 year plus a time prescribed by 49 CFR part 383.

Third Time DUI Penalty in Idaho - Within 10 years of the second charge:
  • Felony Charge
  • Up to 10 years in the state penitentiary
  • Up to $5,000 fine
  • May only drive an automobile with a fucntiong ignition interlock device for the term of probation
  • Up to 5 year absolute driver's license suspension beginning after release from incarceration
  • Alcohol evaluation
  • Victim's panel

The above noted restrictions apply for those driving a commerical vehicle at the time of the DUI charge.

Excessive DUI Penalty in Idaho - First Offense: 
  • Misdemeanor charge
  • Up to 1 year in jail with a mandatory minimum of 10 days
  • Up to $2,000 fine
  • Mandatory 1 year absolute license suspension beginning upon release from incarceration
  • Alcohol evaluation
  • Vicitim's panel

Excessive DUI Penalty in Idaho - Second or greater offense within 5 years
  • Felony charge
  • Up to 5 years in the state penitentiary with a mandatory minimum of 30 days incarceration in jail
  • Up to $5,000 fine
  • Up to 5 year absolute license suspension with 1 year mandatory absolute license suspension 
  • May only drive an automobile with a functioning ignition interlock device for the term of probation
  • Alcohol evaluation
  • Victim's panel

An excessive DUI is defined as having a blood alcohol concentration (BAC) of .20 or greater.

An experienced Boise DUI lawyer can help you understand these penalties and the consequenses of a DUI conviction. If you have been charged with a DUI in Idaho you need an experienced Idaho DUI attorney.  At the Boise DUI Law Center you will find an experienced and affordable Boise DUI Lawyer to help you through your DUI charge.

If you want an aggressive experienced and affordable Idaho DUI attorney you have come to the right place.  Give us a call today, (208)472-2385.




Idaho Code Links

   Penalty for DUI 18-8004



  Excessive DUI Penalty
 18-8004C
Minor DUI Penalty 18-8004A
Aggravated DUI Penalty
18-8006
DWP 18-8001
Boise Criminal Law Center - 101 S. Capitol Blvd., Boise, ID 83702
208-472-2385