Idaho DUI Laws: Understanding Penalties, Requirements, and Recovery Steps
Idaho’s DUI laws enforce strict accountability while providing clear pathways to regain your driving independence. Every DUI conviction can result in a required ignition interlock device on any vehicle you drive, even for a first offense. While Idaho uses tough license consequences and ignition interlock requirements, the state also relies on alcohol/drug education and treatment as part of getting your license and life back. Idaho’s approach offers safety, compliance, and structured options to help you move forward responsibly after a DUI.
Getting Started
If you’re arrested for a DUI in Idaho, you face both criminal proceedings and administrative license suspension processes. Your criminal court case will proceed through Idaho State Courts. You will likely need a DUI lawyer, or a court-appointed public defender if you qualify.
Separate from your criminal case, the Idaho Transportation Department (ITD) runs the Administrative License Suspension (ALS) process. The ITD decides whether your administrative suspension stands, gets shortened, or is lifted after you request a hearing.
Important Note: While this page provides detailed information, DUI.org does not offer legal advice. Laws can change, so consult a qualified DUI attorney for personalized guidance.
Definitions to Know
DUI (Driving Under the Influence)
Idaho’s legal term for operating a motor vehicle while impaired by alcohol, drugs (including prescriptions and over-the-counter medications), or both.
SR-22
A certificate of insurance that satisfies financial responsibility laws and may be required after a DUI to prove you have at least the minimum required liability auto insurance coverage.
IID (Ignition Interlock Device)
A breathalyzer installed in your vehicle that prevents it from starting if an alcohol concentration above a programmed limit is detected on your breath. Idaho requires installation on all vehicles operated by the driver after most DUI offenses.
Idaho Transportation Department (ITD)
The Idaho Transportation Department (ITD) is the state agency responsible for driver licensing, including administrative license suspensions, IID oversight, and SR-22 monitoring. ITD handles the administrative side of Idaho DUI cases, including license suspensions, restricted permits, and license reinstatement requirements. They maintain driver records and work alongside courts to ensure compliance with all DUI penalties and restrictions.
Steps to Take After DUI Arrest in Idaho
- Hire an Attorney
Legal counsel can help navigate both administrative and criminal processes.
- Request an Administrative Hearing
You have 7 days from your arrest to request a hearing with the Idaho Transportation Department to contest your administrative license suspension.
- License Suspension
In Idaho, your license will be administratively suspended upon arrest if you fail or refuse a chemical test, unless you successfully contest it at a hearing.
- Apply for a Restricted Permit
If eligible, you can apply for a restricted driving permit after the first 30 days of your suspension period to drive for work purposes, medical reasons, etc.
- Install an IID
Required for most DUI offenses. You must have a state-approved ignition interlock system installed on all vehicles you operate.
Explore IIDs - File an SR-22 Form
This proof of financial responsibility may be required for license reinstatement after a DUI suspension in Idaho.
- Complete Substance Abuse Evaluation and Treatment
Mandatory alcohol/drug assessment and completion of recommended treatment programs from an Idaho Department of Health and Welfare – approved provider.
- Pay Fines and Fees
Court fines vary depending on offense level, plus reinstatement and administrative fees.
- Attend Court Proceedings
Your criminal case will proceed through court independently from the administrative license actions.
- Probation
Probation terms may include regular check-ins and abstaining from alcohol or drugs.
- Avoid Further Violations
Any new DUI or violation of license restrictions can result in extended suspensions and additional penalties.
DUI Laws in Idaho
What Are the Legal Driving Alcohol Limits in Idaho?
In Idaho, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets clear blood alcohol concentration (BAC) limits based on your age and license type. Police often use a breathalyzer to quickly check your Breath Alcohol Concentration (BrAC).
| Driver Category | Illegal BAC by Percentage |
| 21 and older | 0.08 or higher |
| Commercial Drivers (CDL) | 0.04 or higher |
| Under 21 | 0.02 or higher (zero tolerance) |
| Aggravated DUI | 0.20 or higher (enhanced penalties) |
You can also be charged with DUI if you’re affected by alcohol, drugs, or any combination, regardless of your BAC levels. The law covers impairment that affects your ability to drive a motor vehicle.
Felony vs Misdemeanor DUI
In Idaho, most DUI offenses are classified as misdemeanors. However, certain circumstances can elevate a DUI to a felony charge.
Misdemeanor
First and second offenses within ten years are misdemeanors.
Felony
A DUI becomes a felony if:
- You have three or more prior offenses within ten years
- You’ve been previously convicted of vehicular manslaughter while under the influence
- You commit aggravated DUI causing great bodily harm, permanent disability, or permanent disfigurement
What Are Drunk Driving Diversion Programs in Idaho?
Idaho’s DUI diversion program offers first-time DUI defendants a chance to avoid a misdemeanor criminal conviction. Instead of going to trial, eligible defendants can agree to complete at least a 12-month program that includes installing an ignition interlock device, completing community service and counseling, and passing drug tests.
If you successfully complete all requirements without violations, the prosecutor requests that original charges be dismissed. This program gives you a second chance while holding you accountable for your actions.
Consult your DUI attorney for more information.
Refusing a Chemical Test Under Idaho DUI Law
Idaho operates under implied consent law. When you accept an Idaho driver’s license, you automatically consent to chemical testing if arrested for suspected DUI. Refusing a chemical test in Idaho results in automatic administrative penalties separate from any criminal charges.
| Refusal Consequence | First Offense | Second or Subsequent Offense |
| License Suspension | 1 year | 2 years |
| Additional Penalties | Refusal can be used as evidence in court; $250 civil penalty | Refusal can be used as evidence; longer suspension periods; $250 civil penalty |
DUI Penalties & Consequences
Idaho classifies DUI penalties based on the number of convictions and aggravating factors. The state also enforces a strict “zero tolerance” stance for drivers under 21.
Penalties for DUI Offenses in Idaho
First DUI
Jail Time: Up to 6 months
Fines: Up to $1,000
License Suspension: 90–180 days (10-30 days absolute suspension, no driving privileges)
Ignition Interlock: Required for 1 year following the end of the suspension period
Second DUI (Within 10 Years)
Jail Time: 10 days minimum (first 48 hours consecutive, 5 days must be served in jail) | Up to 1 year
Fines: Up to $2,000
License Suspension: 1 year after release from jail (no restricted privileges)
Ignition Interlock: Required; after 1 year suspension can only drive a vehicle equipped with IID
Third DUI (Within 10 Years) – Felony
Jail/Prison Time: 30 days minimum (first 48 hours consecutive, 10 days must be served in jail) | Up to 10 years in state penitentiary
Fines: Up to $5,000
License Suspension: 1 year up to 5 years (first year absolute, no driving privileges after release from jail)
Ignition Interlock: Required
Alcohol Evaluation: Required
Under 21 DUI (First Offense)
Fines: Up to $1,000
License Suspension: Up to 1 year (minimum 90 days, no restricted privileges)
Alcohol Evaluation: Required
Under 21 DUI (Second Offense)
Jail Time: 5–30 days
Fines: $500–$2,000
License Suspension: Up to 2 years (minimum 1 year, no restricted privileges)
Ignition Interlock: Required after 1-year minimum absolute suspension
Alcohol Evaluation: Required
All DUI Convictions Include
✓ Mandatory ignition interlock device on all vehicles
✓ Substance abuse assessment and treatment
✓ Possible SR-22 insurance filing
✓ Reinstatement fees
Aggravating Factors That Increase Idaho DUI Penalties
In Idaho, these aggravating factors can lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements:
- High BAC Level (0.20 or higher): Carries stiffer penalties
- Causing an Accident: Especially one resulting in bodily injury or death (vehicular manslaughter)
- Multiple Prior Offenses: Three or more prior offenses within five years results in felony charges
- Refusal to Submit to Chemical Testing: This adds administrative consequences beyond criminal penalties
- Aggravated DUI: Causing great bodily harm, permanent disability or permanent disfigurement
Driving Without a Valid License
Driving with a suspended license in Idaho is a criminal offense. If caught driving during a DUI-related suspension period, you face additional criminal charges. Additionally, operating a vehicle without a required ignition interlock device installed is a separate offense.
License Suspension
Who Determines if You Can Continue Driving After a DUI
In Idaho, both the ITD and the courts have roles in determining driving privileges after a DUI.
Administrative (ITD): The Idaho Transportation Department handles administrative license suspensions that occur automatically upon arrest if you fail or refuse a chemical test. You have 7 days to request a hearing to contest this suspension.
Criminal (Courts): Idaho courts impose separate license suspensions as part of criminal sentencing if you’re convicted of DUI.
An administrative suspension occurs regardless of the outcome of your criminal case, while court-ordered suspensions only take effect upon conviction.
You may be eligible for a restricted driving permit during your suspension period (after the absolute suspension period), allowing limited driving privileges for work, medical, or other approved purposes.
How Long Will Your License Be Suspended?
Getting your license suspended in Idaho means you are no longer allowed to drive a vehicle, unless you obtain a restricted permit after the absolute suspension period. Here’s how long your license may be suspended for a DUI in Idaho:
| Offense | Administrative Suspension (Arrest) | Court-Ordered Suspension (Conviction) |
| First Offense | 90 – 180 days (first 30 days absolute) | 90 – 180 days |
| Second Offense (within 10 years) | 1 year (no restricted privileges) | 1 year |
| Third+ Offense (within 10 years) | 1 – 5 years | 1 – 5 years (first year absolute) |
| Test Refusal (First) | 1 year (no restricted privileges for 45 days) | Varies |
| Test Refusal (Second within 5 years) | 2 years (no restricted privileges for 45 days) | Varies |
Steps to Reinstate Your License
- Serve suspension period fully (or complete restricted permit requirements)
- Pay reinstatement fees
- Provide proof of insurance via SR-22 form. If required, the SR-22 must be maintained for up to 3 years
- Complete required alcohol/drug assessment and treatment programs from a state approved provider
- Install an IID if required as a condition of reinstatement
- Submit all compliance documentation to the ITD
Restoring Your Driving Privileges
After a DUI arrest or conviction in Idaho, there are pathways to restore limited driving privileges during your suspension period. Understanding these options can help maintain employment and fulfill essential obligations while complying with legal requirements.
Eligibility for a Restricted Driving Permit
Idaho allows drivers with DUI-related license suspensions to apply for a restricted driving permit after the absolute suspension period (first 30 days for first offense). The restricted permit allows driving for work purposes, medical reasons, and other approved activities.
How to Apply for a Restricted Driving Permit
To obtain a restricted permit in Idaho:
- Wait until the 30-day period when you are not allowed to drive ends (30 days for a first offense)
- Install an approved ignition interlock device on all vehicles you intend to drive
- Submit SR-22 as proof of insurance coverage, if required
- Complete the required application with the ITD
- Pay applicable fees
- Provide documentation of alcohol/drug assessment if required
Idaho Ignition Interlock Device (IID) Requirements
Idaho law requires an ignition interlock device for all DUI offenses, either as a mandatory penalty or as a condition of obtaining a restricted permit during suspension.
The IID must be installed by a state-approved provider certified by the Idaho Transportation Department. Key requirements include:
- Installation: IID must be installed in any vehicle you drive
- Duration: Generally required for 1 year following the end of the suspension period for first offense
- Maintenance: Regular calibration and monitoring appointments are required
- Violations: Failed tests or missed maintenance appointments extend your requirement period
- Costs: Installation, monthly monitoring fees, and removal costs are the driver’s responsibility
Selecting the right ignition interlock provider can make a world of difference.
SR-22 Insurance Requirements
Idaho may require you to file and maintain an SR-22 certificate of financial responsibility after certain serious driving offenses, including DUI and driving without insurance. This is a filing with the state proving you have at least the minimum active auto insurance coverage. After a DUI-related suspension in Idaho, drivers are generally required to carry SR-22 insurance for three years from the end of the suspension period.
Any lapse in your SR-22 coverage can trigger an automatic suspension of your driver’s license, because your insurer must notify the Idaho Transportation Department if your policy cancels or expires. If your license is suspended for failing to maintain the required SR-22, you will have to pay a reinstatement fee (the amount depends on the reason for your suspension) before your driving privileges can be restored.
Your insurance provider submits the SR-22 certificate directly to the Idaho Transportation Department, and premiums for SR-22 policies are usually higher than standard auto insurance because insurance companies will almost certainly consider you a high-risk driver.
Let us help connect you to the right licensed insurance specialist for you.
Substance Abuse Evaluation and Treatment
Idaho requires all drivers convicted of a drug and/or alcohol-related offense to undergo an alcohol evaluation from an Idaho Department of Health and Welfare-approved provider.
Approved providers must meet the following criteria:
- Work within the scope of their license/credentials
- Hold a license/credential as a qualified Substance Use Disorders professional
The assessment determines:
- Whether you have substance abuse or dependence concerns
- If no concerns exist, what education you will be required to complete. If concerns are identified, your appropriate recommended treatment
Completion of all assessment and treatment requirements is mandatory for license reinstatement.
Understand what to expect and how to prepare for a substance abuse evaluation.
FAQs About DUIs in Idaho
Can you refuse a breathalyzer test in Idaho?
You can refuse a breathalyzer test in Idaho, but the state’s implied consent law means automatic license suspension for 1 year for a first refusal (with no restricted privileges), and two years for subsequent refusals within ten years.
Do you need an attorney for a first-time DUI in Idaho?
You may need an attorney for a time-time DUI in Idaho. An attorney can help minimize penalties and navigate both administrative and criminal proceedings.
Will you lose your commercial driver’s license (CDL) after a DUI in Idaho?
It is possible to lose your CDL after a DUI in Idaho. Commercial drivers face disqualification at a lower BAC threshold (0.04).
Can you get a DUI for prescription medications in Idaho?
It is possible to get a DUI for operating a motor vehicle while using prescription medication in Idaho. Having a prescription for medication is not a defense against DUI charges. If you’re affected by the medication to the extent that it impairs your ability to drive, you can be charged with DUI.
What if my criminal charge is reduced?
Even if the court reduces your DUI charge, your administrative suspension from the arrest remains unchanged.
If my driver’s license is suspended in another state, can I still drive in Idaho?
You will likely not be able to drive in Idaho if your license is suspended in another state. If driving privileges are suspended by one state, they are suspended in all states.
Sources
- Idaho State Legislature. Idaho Code Section 18-8004: Driving Under the Influence. https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch80/sect18-8004/
- Idaho Transportation Department. SR-22 and Reinstatement Information. https://itd.idaho.gov/wp-content/uploads/2021/08/SR-22_Reinstatement_DMV.pdf
- Idaho Transportation Department. Ignition Interlock Providers in Idaho. https://apps.itd.idaho.gov/apps/ohs/docs/ignition-interlock-providers.pdf
- Idaho Transportation Department. Be Sure to Insure! https://itd.idaho.gov/wp-content/uploads/2018/08/DMV_Be-Sure-Insure.pdf
- Idaho Transportation Department. Driver Services. https://www.itd.idaho.gov/dmv/DriverServices/ds_drvr.htm
- Idaho Department of Health and Welfare. Driving Under the Influence Evaluators. https://healthandwelfare.idaho.gov/providers/behavioral-health-providers/dui-evaluators
- National College for DUI Defense. Idaho DUI Laws. https://www.ncdd.com/idaho-dui-laws
- FindLaw. What Are the Idaho DUI Laws. https://www.findlaw.com/state/idaho-law/what-are-the-idaho-dui-laws.html
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