What are the Penalties for a DUI in Idaho?
All DUI’s require the defendant to obtain an alcohol evaluation from a court approved alcohol/drug evaluator. The court may order education or treatment based upon review of evaluation.
(1) If you are under the age of 21 and you blow between .02 and .08, then you can be charged with a Underage DUI.
- Maximum fine of $1,000.00
- Mandatory minimum driver’s license suspension of one year, with no driving privileges for the first 90 days.
- Underage DUI’s can not be used to enhance subsequent Standard DUI’s.
- Subsequent Underage DUI’s carry greater penalties.
(2) If this is your first DUI within the past ten years, then you are charged with a Standard DUI.
- Maximum jail sentence of up to 6 months.
- Maximum fine of up to $1,000.00
- Mandatory minimum 90 day driver’s license suspension with no privileges the first 30 days.
- Maximum driver’s license suspension of up to 180 days.
(1) If you have plead guilty to another Standard DUI in the past ten years, then you can be charged with a 2nd Offense DUI.
- Mandatory minimum jail sentence of 10 days.
- Maximum jail sentence of up to one year.
- Maximum fine of up to $2,000.00.
- Mandatory minimum driver’s license suspension of one year.
- Mandatory ignition interlock system installed in car.
(2) If you have plead guilty to at least two Standard DUI’s in the past ten years, then you can be charged with a Felony DUI.
- Mandatory minimum jail sentence of 30 days.
- Maximum prison sentence of up to ten years.
- Mandatory minimum one year driver’s license suspension.
- Maximum driver’s license suspension of up to five years.
- Mandatory ignition interlock system installed in car.
(3) If your blood alcohol concentration was over .20, then you can be charged with an Excessive DUI.
- Mandatory minimum jail sentence of 10 days.
- Maximum jail sentence of up to one year.
- Maximum fine of up to $2,000.00
- Mandatory minimum one year driver’s license suspension
- Mandatory ignition interlock device installed in car
(4) If your blood alcohol concentration was over .20 and you have plead guilty to another Excessive DUI in the past five years, then you can be charged with a Felony DUI.
- Mandatory minimum jail sentence of 30 days.
- Maximum penitentiary sentence of up to five years.
- Maximum fine of up to $5,000.00
- Mandatory minimum one year driver’s license suspension.
- Maximum driver’s license suspension of up to five years.
- Mandatory ignition interlock device installed in car.
(5) If you were driving under the influence of alcohol and/or drugs AND as were in an accident that caused another person great bodily injury or permanent disfigurement, then you may be charged with Aggravated DUI.
- Mandatory minimum jail sentence of 30 days
- Maximum prison sentence of up to 15 years.
- Maximum fine of up to $5,000.00.
- Any restitution, i.e. out of pocket expenses incurred as a result of the crime.
- Mandatory minimum one year driver’s license suspension
- Maximum driver’s license suspension of up to five years.
(6) If you have plead guilty to Aggravated DUI in the past fifteen years, then you can be charged with a Felony DUI.
- Mandatory minimum jail sentence of 30 days.
- Maximum prison sentence of up to ten years.
- Mandatory minimum one year driver’s license suspension.
- Maximum driver’s license suspension of up to five years.
- Mandatory ignition interlock system installed in car.

