Under Idaho law, a driver is considered driving under the influence if the BAC is .02 or more if the driver is under 21 years of age, .04 or more if the driver is operating a commercial vehicle, and .08 or more if driver is 21 or older. An alcohol concentration of .20 or more carries even stiffer penalties. Even if the driver’s BAC is less than .08, he/she may be convicted of driving under the influence of other drugs or intoxicating substances, or any combination thereof.
Driver’s license suspensions may occur regardless of whether or not the driver is convicted of a criminal offense. Certain license suspensions, explained below, are administrative procedures providing for the automatic driver's license suspension of a driver arrested for DUI who fails evidentiary testing, refuses to submit to testing or fails to complete testing. When accepting an Idaho driver's license, you give your implied consent to take an evidentiary test if arrested for driving under the influence.
Penalty for failing evidentiary testing:
- First Failure – Mandatory 90-day suspension (can request restricted permit after 30 days).
- Second Failure within 5 Years – Mandatory 1 year suspension.
Penalty for refusing to submit to evidentiary testing:
- First Refusal - Mandatory 1 year suspension; and $250 Civil Penalty.
- Second Refusal within 10 years – Mandatory 2 year suspension; and $250 Civil Penalty.
However, if the offender is admitted to a problem solving court program, they may be eligible for a restricted driving permit for the purpose of getting to and from work, school or an alcohol-treatment program after having served an absolute suspension of 45 days.