Idaho DUI Laws
The maximum prescribed legal BAC limit in Idaho is 0.08% per se
(effective from Jul 1st 1997)

Idaho Drunk Driving Laws (If you’ve been charged with Idaho DUI, the law allows only 7 days for your Idaho DUI Lawyer to make a request with the Idaho DMV (Department of Transportation) for a hearing to save your driving license)
Idaho is a member of the Interstate Drivers License Compact
An agreement between participating states to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state. |
Idaho DUI Laws and BAC limits
ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Idaho it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.
MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.
It is a crime to refuse to submit to a chemical test in Idaho and implied consent laws are enforced.
!! CAUTION - Driving Ability Impaired !!
You can be prosecuted in Idaho without driving while you are over the legal prescribed bac limit.
Under Idaho law, it is unlawful to drive with a BAC limit above the per se laws OR to drive while impaired under the influence of alcohol and/or drugs.
Under this law the prosecution must show that the driver was IMPAIRED by alcohol and/or drugs. The level of impairment is usually based on observations and evidence of driving ability (or rather inability), physical appearance, field sobriety tests and any other relevant evidence which can help prove a persons driving ability was indeed impaired. Different amounts of alcohol can affect people in different ways, what may impair one persons driving ability and make them feel drunk, might not necessarily impair another persons driving ability.
Observations from a law enforcement officer that may lead to being stopped and arrested include:
- Making a turn too widely or narrowly
- Using two lanes, stradling the center line
- Almost hitting someone or something
- Weaving or drifting from one side of the road to another
- Driving too slowly and being overly cautious
- Driving too close to vehicle in front
- Driving ON the center lines
- Erratic braking
- Swerving to correct course of vehicle
You can be charged with an offence regardless of your BAC level, as long as impairment can be proved to the legal extent necessary.
A skilled drunk driving attorney can help you defend any charges against you |
Idaho BAC Calculator
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Penalties for DUI - Drunk Driving in Idaho
Idaho is a state with a five-year ‘washout period,’ also known as a 'look back period', this means that a prior conviction is not admissible after five years. If it is five years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within five years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.
First Dui - Drunk Driving Conviction - MISDEMEANOR
The penalty for a first DUI - drunk driving conviction in Idaho:
- up to $1,000 fine
- up to 6 months in jail
- 30 days drivers license suspension (may be extended to between 60 and 150 days)
- restricted drivers license may be available after 30 days
- possibility of attending alcohol treatment program
- SR22 insurance requirement
Enhanced penalties for BAC 0.20% or greater
- 10 days mandatory minimum jail up to 1 year
- up to $2,000 fine
- 1 year mandatory minimum drivers license suspension with no driving privileges at all
- SR22 insurance requirement
Second DUI - Drunk Driving Conviction - MISDEMEANOR / FELONY
The penalty for a second DUI - drunk driving conviction in Idaho:
- up to $2,000 fine
- 10 days to 1 year in jail
- 1 year minimum drivers license suspension (no restricted license available)
- possible ignition interlock restricted drivers license after suspension is served
- possibility of attending alcohol treatment program
- ignition interlock restriction mandatory
- SR22 insurance requirement
Enhanced penalties for BAC 0.20% or greater (FELONY)
- 30 days county jail or up to 5 years in the state penitentiary
- up to $5,000 fine
- 1 year mandatory minimum drivers license suspension with no driving privileges at all (possible suspension of drivers license for up to 5 years)
- ignition interlock restriction mandatory
- SR22 insurance requirement
Third DUI (and subsequent) - Drunk Driving Conviction - PoSSible felony
Third conviction will be a felony if received 5 years within the first offence or 10 years within a previous felony DUI conviction.
The penalty for a third DUI - drunk driving conviction in Idaho:
- up to $5,000 fine
- up to 10 years in the state penitentiary or minimum 30 days in county jail
- 1 to 5 years drivers license suspension (no restricted license available)
- mandatory ignition interlock restricted drivers license after suspension is served
- possibility of attending alcohol treatment program
- ignition interlock restriction mandatory
- SR22 insurance requirement
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Implied consent LAWS

It is a crime to refuse to submit to a chemical test in Idaho and implied consent laws are enforced.
Penalties for refusing to submit to a chemical test in Idaho
In Idaho, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
In addition to punishments for DUI the penalties for refusing to submit to a chemical test in Idaho are:
First chemical test refusal
Second chemical test refusal
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Idaho Auto insurance (High Risk DUI SR22 Insurance)
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Idaho auto insurance quotes
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Idaho SR-22 auto insurance is usually required for a period of 3 years after a DUI - drunk driving conviction and can be very expensive if you go with the wrong provider. Some insurance companies will not even do an SR22 insurance filing. Get a FREE DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Idaho auto insurance in a matter of minutes.
Minimum liability insurance requirements for private passenger vehicles in the state of Idaho
The minimum mandatory liability insurance coverage required in the state of Idaho for private passenger vehicles is (25/50/15). This equates to the following liability coverage:
- $25,000 bodily injury liability (BIL) per person
- $50,000 for two or more people in one accident
- $15,000 property damage liability (PDL) coverage
What is (BIL) Bodily Injury Liability insurance?
(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.
What is (PDL) Property Damage Liability insurance?
(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle. Top of page
FREE Case evaluation & consultation by local Idaho DWI / DUI Lawyer / Drunk Driving Attorney
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Protect your rights! Talk to a local DUI lawyer
Idaho DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Idaho drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay.
Talk to a local Idaho Drunk Driving Attorney as soon as possible to gather important information such as:
• What penalties do you face if convicted of DUI in Idaho?
• What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Idaho?
• Does Idaho have a mandatory ignition interlock device law?
• Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Idaho laws and procedures ?
• When and how can you get your driver’s license reinstated in Idaho?
It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Idaho criminal defense attorney specialising in Idaho drunk driving laws today. |
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Useful Idaho DUI Links:
DUI - Drunk Driving Laws in Idaho
Idaho Drivers Manual
Idaho SR22 Insurance Requirement
Idaho Department of Transportation
Idaho State Courts (Idaho State Judiciary)
Idaho Department of Insurance
Idaho DUI Lawyers
Idaho DUI discussion forum
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