Idaho Drunk Driving Laws

When is a Driver Considered to be Legally Drunk in Idaho?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater. In Idaho, school bus drivers are commercial drivers.
• Drivers under 21 are legally drunk when their blood alcohol level is .02
  or more.

Penalties for Drunk Driving in Idaho

• A first-time offender faces up to six months in jail and is subject to pay a fine of up to $1,000. The driver’s license suspension period is 30 days. After 30 days have passed, the offender’s driving privileges will be suspended for an additional 60 to 150 days during which time the offender may request restricted driving privileges if he or she can show that driving is necessary for employment or family health needs.
• A second-time offender who is convicted of DUI within 10 years of the first conviction faces up to one year in prison and is subject to pay a fine of up to $2,000. Driving privileges will be suspended for a mandatory minimum period of one year after release from confinement. Following the license suspension period, the offender will be required to drive only a motor vehicle equipped with an ignition interlock system for a time period specified by the sentencing judge.
• A person who is convicted of DUI for a third or subsequent time within a 10-year period faces up to 10 years in prison and is subject to pay a fine of up to $5,000.
• Driving privileges will be suspended from one to five years. Following the license suspension period, the offender will be required to drive only a motor vehicle equipped with an ignition interlock system for a time period specified by the sentencing judge.

• Other Drunk Driving Penalties
• Drivers Under 21 with a BAC of Less Than .08
• What is Idaho’s Dram Shop and Social Host Statute?
• What is Idaho’s “Dispensing to a Person under the Age of 21” Statute?
• What is Idaho’s “Dispensing to Drunk” Statute?

Enhanced Penalties for Excessive BAC

• A first-time offender whose BAC was .20 or more faces a jail term of up to one year and a fine of up to $2,000. Driving privileges will be suspended for an additional mandatory minimum of one year after release from confinement.
• A second-time offender whose BAC was .20 or more and who was previously convicted of DUI with an excessive BAC of .20 or more within a five-year period faces a term of imprisonment of up to five years and a fine of up to $5,000. Driving privileges will be suspended from one to five years. Following the license suspension period, the offender will be required to drive only a motor vehicle equipped with an ignition interlock system for a time period specified by the sentencing judge.

Enhanced Penalties for Aggravated DUI

If a drunk driver causes another person to suffer great bodily harm, permanent disability, or permanent disfigurement, the driver will be sentenced under Idaho’s aggravated DUI statute. Under that statute, the offender faces up to 15 years in prison and a fine of up to $5,000. Following incarceration, the offender’s driver’s license will be suspended for one to five years. In addition, the offender will be required to pay restitution to the victim.

Commercial Drivers

In addition to other penalties associated with Idaho’s DUI laws, a commercial driver who is convicted of DUI while operating any vehicle will be disqualified from driving a commercial vehicle for at least one year. If, however, the offender was driving a commercial vehicle and transporting hazardous materials at the time, the disqualification period is at least three years. If a commercial driver commits a second DUI while driving any vehicle, the offender will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to 10 years.

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Drivers Under 21 with a BAC of Less Than .08

• First-time offenders will be fined up to $1,000. The driver’s license suspension period is one year. After the suspension period expires, the underage offender may request restricted driving privileges. First-time underage DUI offenders must also undergo an alcohol consultation.
• An underage person who commits a second DUI faces up to 30 days in jail. At least five days must be served. The fine ranges between $500 and $2,000. There is a mandatory driver’s license suspension of one year, but the suspension could be as long as two years. After the suspension period, the offender will be required to drive only a vehicle that is equipped with an ignition interlock system for a time period specified by the sentencing judge. These offenders must also undergo an alcohol consultation.
• A third or subsequent violation subjects the underage offender to up to six months in jail. At least 10 days must be served. The fine ranges between $1,000 and $2,000. The driver’s license suspension period is at least one year or until the person reaches 21, whichever period is greater. Following the suspension period, the offender will be required to drive only a vehicle that is equipped with an ignition interlock system for a time period specified by the sentencing judge. These offenders must also undergo an alcohol consultation.
• Although the above penalties apply to drivers under 21 with a BAC of less than .08, nothing prevents them from being penalized under the Juvenile Corrections Act or the laws applied to drivers 21 and older. If the offender is penalized under the Juvenile Corrections Act or the law applied to those 21 and older, the driver will receive an additional driver’s license suspension of one year or until the offender reaches 21, whichever period is greater.

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What is Idaho’s Dram Shop and Social Host Statute?

Under Idaho law, a person who is injured by an intoxicated person may file suit against the drinking establishment or person who sold or furnished the alcohol if the person causing the injury was under 21 and the seller or provider of the alcohol knew or should have known that the person was underage or if the person causing the injury was obviously drunk at the time the alcohol was sold or furnished and the seller or provider knew or should have known that the person was obviously drunk. This statute does not permit the intoxicated person to file suit for injuries he sustained because of his own intoxication. It also prohibits a person who was a passenger in an automobile driven by an intoxicated person to bring suit against the establishment or person who sold or provided the alcohol. Additionally, this law requires the injured person to notify the establishment or person who sold or furnished the alcohol to the intoxicated person within 180 days from the date of the injury by certified mail that suit will be filed.

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What is Idaho’s “Dispensing to a Person under the Age of 21” Statute?

Under this statute, it is a crime for a person who is 18 or older to sell or furnish alcohol to a person under 21. A first-time violator faces a jail term of up to one year, a fine ranging between $500 and $1,000, or both. For a second or subsequent violation, the offender faces a jail term of up to one year, a fine ranging between $1,000 and $2,000, or both. If a licensed drinking establishment violates this statute, the business may have its liquor license suspended for up to six months.

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What is Idaho’s “Dispensing to Drunk” Statute?

Under this statute, it is a crime for a person to sell or give alcohol to a person who is intoxicated. A person who violates this statute faces up to six months in jail, a $1,000 fine, or both.

Need more information on state laws? Learn more about the laws where you live.

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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.