Idaho DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §18-8004
A first DUI in Idaho is classified as a misdemeanor.
- Jail: 0 days (standard); 10 days if BAC ≥ 0.20 minimum to 6 months (standard); 1 year if BAC ≥ 0.20 maximum
- Fine: $0 to $1,000 (standard); $2,000 if BAC ≥ 0.20
- License suspension: 90-180 days (first 30 days absolute)
- Substance abuse program: alcohol/substance abuse evaluation required
- Probation: available
Second offense
- Jail: 10 days (first 48 hours consecutive) minimum to 1 year maximum
- Fine: $0 to $2,000
- License suspension: 1 year minimum (absolute, after release from confinement); IID required after suspension
Third and subsequent offenses
- Jail/prison: 30 days minimum to 5 years (state penitentiary) maximum
- Fine: $0 to $5,000
- License suspension: 1-5 years (after release)
- Felony threshold: third offense within 10 years is a felony; also second excessive BAC (≥ 0.20) DUI within 5 years
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | 0 days (standard); 10 days if BAC ≥ 0.20–6 months (standard); 1 year if BAC ≥ 0.20 §18-8004 | $0–$1,000 (standard); $2,000 if BAC ≥ 0.20 §18-8004 | 90-180 days (first 30 days absolute) §18-8004 | |
| Second DUI | 10 days (first 48 hours consecutive)–1 year §18-8004 | $0–$2,000 §18-8004 | 1 year minimum (absolute, after release from confinement); IID required after suspension §18-8004 | |
| Third DUI | 30 days–5 years (state penitentiary) §18-8004 | $0–$5,000 §18-8004 | 1-5 years (after release) §18-8004 |
Lookback period
Idaho uses a 10 years (15 years if prior was a felony DUI) Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors §18-8004C
- BAC ≥ 0.20 (excessive DUI — separate statute §18-8004C)
- Great bodily harm or disfigurement (aggravated DUI)
- Minor passenger
- Prior felony DUI
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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Related guides
- 1st offense: 0 days (standard); 10 days if BAC ≥ 0.20 to 6 months (standard); 1 year if BAC ≥ 0.20 jail, $0-$1,000 (standard); $2,000 if BAC ≥ 0.20 fine, 90-180 days (first 30 days absolute) suspension
- 2nd offense: 10 days (first 48 hours consecutive) to 1 year jail, $0-$2,000 fine
- 3rd+ offense: 30 days to 5 years (state penitentiary) jail, $0-$5,000 fine
- Lookback period: 10 years (15 years if prior was a felony DUI)