DUI Laws in Idaho

0.08 for drivers generally; 0.04 for commercial motor vehicle drivers; 0.02 for drivers under 21.

A first DUI is a misdemeanor punishable by up to 6 months in jail and a fine up to $1,000. The court suspends driving privileges for 30 days with no driving at all, then for an additional 60 to 150 days during which restricted driving for employment or family health needs may be allowed. An ignition interlock must be installed within 10 days after the absolute suspension ends and kept until one year after the suspension period ends. Administratively, failing an evidentiary test for the first time brings a 90-day suspension, with restricted noncommercial driving possible after the first 30 days.

A DUI is a felony (up to 10 years in prison and up to a $5,000 fine) when the person has two or more prior DUI violations within 10 years, counting withheld judgments and completed DUI diversion programs. Once a person has a felony DUI or aggravated DUI (or certain related vehicular offenses), any further DUI within 15 years is also a felony. Separately, 'aggravated DUI' — causing great bodily harm, permanent disability or permanent disfigurement to another person while driving under the influence — is a felony.

A driver who refuses or fails to complete evidentiary testing faces a $250 civil penalty, a required ignition interlock for one year after the suspension ends, and an absolute license suspension of 1 year for a first refusal or 2 years for a second refusal within 10 years. A hearing can be requested within 7 days. Drivers admitted to a problem-solving court who have served at least 45 days may be eligible for a restricted permit with an interlock.

10 years for criminal penalties (a prior DUI conviction or withheld judgment within ten years makes the new offense a repeat offense); for administrative test-failure suspensions, a second failure within 5 years brings a 1-year suspension.

The Idaho Transportation Department says a standard Idaho driving record covers the most recent three years, but an all-years record is available on request, so older convictions are kept. The ITD guide does not give a removal date for DUI convictions. Whether a DUI conviction can be removed from the criminal record was not confirmed from an official page.

Courts may grant restricted driving privileges for employment or family health needs after the first 30 days of a first DUI suspension, and the ITD may grant restricted noncommercial driving after 30 days of a first administrative test-failure suspension (with an interlock). No temporary restricted license is available for a second test failure within 5 years. Problem-solving court participants may qualify for a restricted permit after 45 days of an absolute suspension.