Idaho DUI Penalties

Below you will find the basic sentencing guidelines for drunk driving offenses in Idaho. It is important to note that the information below is not what you should expect, but is a guideline for judges.

It is very important that you speak with a local lawyer to learn what you might be facing based on the specific facts of your case and your criminal history, if any.

SECOND OFFENSE DUI WITHIN 10 YEARS - MISDEMEANOR - FINES: up to $2,000; JAIL: mandatory minimum 10 days - one year (may be served in work detail program if judge allows); LICENSE SUSPENSION: mandatory minimum 1 year after release from confinement with absolutely no driving privileges; OTHER: installation of ignition interlock following 1 year suspension, alcohol evaluation and treatment

THIRD OFFENSE DUI WITHIN 10 YEARS - FELONY - DINES: up to $5,000; JAIL: mandatory minimum 30 days - up to 10 years in jail; LICENSE SUSPENSION: mandatory minimum 1 year after release from imprisonment with absolutely no driving privileges; OTHER: installation if ignition interlock device following 1 year suspension, alcohol evaluation and treatment

ENHANCED PENALTIES BAC .20 OR HIGHER

FIRST OFFENSE DUI - MISDEMEANOR - FINES: up to $2,000; JAIL: mandatory minimum 10 days - up to 1 year; LICENSE SUSPENSION: 1 year following release from incarceration with absolutely no driving privileges

SECOND OFFENSE DUI WITHIN 5 YEARS - FELONY - FINES: up to $5,000; JAIL: mandatory minimum 30 days in county jail - up to 5 years in state penitentiary; LICENSE SUSPENSION: up to 5 years, 1 year minimum mandatory with no driving privileges following release from confinement; OTHER: installation of ignition interlock device following 1 year suspension

FIRST OFFENSE DUI - MISDEMEANOR - FINES: up to $1,000; LICENSE SUSPENSION: 1 year suspension, may apply for restricted permit after 90 days.

SECOND OFFENSE DUI WITHIN 5 YEARS - MISDEMEANOR - FINES: $500-$2,000; JAIL: mandatory minimum 5 days - maximum 30 days; LICENSE SUSPENSION: up to 2 years, one year no driving of any kind; OTHER: installation of ignition interlock device following 1 year suspension

THIRD OFFENSE DUI WITHIN 5 YEARS - MISDEMEANOR - FINES: mandatory minimum $1,000 - maximum $2,000; JAIL: mandatory minimum 10 days - up to 6 months; LICENSE SUSPENSION: mandatory minimum 1 year with no driving privileges or until 21st birthday, whichever is greater; OTHER: installation of ignition interlock device following suspension period, and alcohol evaluation and treatment

AGGRAVATED DUI

AGGRAVATED DUI - FELONY - FINES: up to $5,000; JAIL: minimum mandatory 30 days in county jail - up to 15 years in prison; LICENSE SUSPENSION: Minimum 1 year after release from imprisonment - up to 5 years (with no driving privileges of any kind during suspension term); OTHER: resitution

Below are the penalties for refusing to submit to a chemical test during an Idaho DUI arrest and investigation.

FIRST REFUSAL - FINES: $250; LICENSE SUSPENSION: 1 year absolute license suspension

SECOND OR SUBSEQUENT REFUSAL WITHIN 10 YEARS - FINES: $250; LICENSE SUSPENSION: 2 year license suspension