Idaho Traffic Safety Resource Prosecutor

www.TSRP-Idaho.org



Penalties

PENALTIES FOR A DUI CONVICTION

1. PENALTIES FOR A DUI CONVICTION

2. PENALTIES FOR OPERATING A VESSEL UNDER THE INFLUENCE

3. PENALTIES FOR OPERATING AIRCRAFT WHILE UNDER THE INFLUENCE

4. PENALTIES OF DUI WHILE OPERATING RECREATIONAL VEHICLES

5. PENALTIES FOR VEHICULAR MANSLAUGHTER

6. PENALTIES FOR OTHER ALCOHOL-RELATED OFFENSES

Penalties for a DUI in Idaho vary depending on the circumstances of the arrest and conviction, including age of the driver, the driver’s BAC level, whether children were in the vehicle at the time and the driver’s prior criminal record involving driving under the influence.

DRIVING UNDER THE INFLUENCE (Maximum Penalties)

DUI (Under 21) – I.C. § 18-8004A

    • First Offense:   $1,000 Fine; a 1 year license suspension with 90 days absolute; and an Alcohol Evaluation.
    • Second Offense:  5 – 30 Days in Jail and/or $500-2000 Fine; 2 year license suspension w/ 1 year absolute; Ignition interlock; and Alcohol Evaluation.
    • Third Offense within 5 Years:  10 days – 6 months in Jail and/or a $1,000-$2,000 Fine; Greater of 1 year license suspension or license suspended until driver reaches age 21; Ignition Interlock; and Alcohol Evaluation. 

EXCESSIVE DUI (BAC of .20 or more) – I.C. § 18-8004C

    • First Offense (Misdemeanor):  10 days – 1 year Jail (first 48 hours to be consecutive) and/or $2,000 Fine; 1 year license suspension.
    • Second Offense within 5 Years (Felony):  5 Years Prison  (if incarceration not imposed, mandatory minimum of 30 days in Jail, the first 48 hours to be consecutive) and/or $5,000 Fine; 1-5 year license suspension.

DUI – I.C. 18-8004

    • First Offense (Misdemeanor):  6 Months Jail and/or $1,000 Fine; 90-180 day license suspension with 30 days absolute. 
    • Second Offense within 10 Years (Misdemeanor): 10 days – 1 Year in Jail (first 48 hours to be consecutive and 5 days must be served in jail) an/or $2,000 Fine; 1 year license suspension.
    • Third Offense within 10 Years (Felony):  10 Years Prison (if incarceration not imposed, mandatory minimum of 30 days in jail, the first 48 hours consecutive) and/or $5,000 Fine; 1-5 year license suspension.
    • Subsequent Felony w/in 15 Years:  10 Years Prison; (if incarceration not imposed, mandatory minimum of 30 days in jail, the first 48 hours consecutive) and/or $5,000 Fine; 1-5 year license suspension.


AGGRAVATED DUI – I.C. § 18-8006

    • Maximum Penalty:  15 Years Prison (if incarceration not imposed, mandatory minimum of 30 days in jail, the first 48 hours to be consecutive) and/or $5,000 Fine; 1-5 year license suspension.

ADDITIONAL CONSEQUENCES OF DUI:

  • Permanent part of offender’s criminal record.
  • Even if given a withheld judgment and successfully complete probation where the charge is dismissed, the offense may still be used as a prior conviction on subsequent offenses.
  • Offender may be required to complete alcohol evaluation and comply with all recommendations.
  • License suspensions, such as Administrative License Suspension (ALS), Refusal suspension and/or Commercial Driver’s License (CDL) suspensions are separate and apart from the criminal license suspension.
  • Offender may be required to install an Ignition Interlock System.  Offender will be required to only drive vehicles with such a device installed.
  • Offender’s car may be towed and impounded at time of arrest.
  • Offender is required to obtain high-risk insurance (SR-22) for a period of at least 3 years.
  • Cost of legal representation, expert witnesses to testify, etc.
  • Other costs associated with court fees, victim’s compensation fund, etc.
  • Possibility of civil lawsuit (wherein conviction of criminal case is admissible).