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DUI / DWI in Idaho

In the State if Idaho, it is considered to be Driving Under the Influence (DUI) if you fall under one of these circumstances:

For drivers younger than 21 years of age, BAC is .02% or more.

For commercial vehicle drivers, BAC is .04% or more.

Your BAC is .08% or more and you are 21 or older.

You can still be charged with DUI even if your BAC is less than .08% if you are under

the influence of some other intoxicating substance.

You will face stiffer penalties should your BAC increases above .02%.



Your first conviction can mean:

Up to six months in jail

Up to a $1,000 fine

Mandatory suspension of your driver's license from at least 90 days and up to 180 days (If you are younger than 21 then may go up to one year)

No driving privileges the first 30 days


If you are caught second time:

You could face a mandatory jail sentence of 10 days to a full year (minimum 30 days for those who are younger than 21)

Up to a $2,000 fine

Suspension of your driver's license for one year (or a two-year suspension if you are younger than 21).


In third conviction (or more) within five years:

You will be facing a felony conviction.

Jail term from 30 days to five years

Up to $5,000 in fines

Suspension of your driving license for one to five years (two if you are younger than 21)


Administrative License Suspensions (ALS)

If you are caught while driving under the influence of drugs or alcohol, or you fail a roadside sobriety test, you will be served with a Notice of Suspension by the arresting officer. If you wish, you can ask for an administrative hearing regarding the suspension. This hearing shall take place before a department-designated hearing officer.

If you are served with an Administrative License Suspension (ALS), you must adhere to the requirements. You are also required to show up in court on your designated court date to deal with the criminal DUI charges that you are facing. The notice shall go into effect 30 days after you received it from the officer. Upon the first sobriety test failure, you are looking at a suspension of 90 days, the first 30 of which you will be granted no driving privileges at all. In case of a second failure within five years shall result in suspension of your license for one year, and you will have no driving privileges.


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