Drunk and drugged driving laws in Idaho

By the end of this topic you can

• You can state Idaho's blood alcohol limits for each group of drivers.
• You can explain implied consent and what happens if you refuse a test.
• You can describe the penalties for a first DUI, including for under-21s.
• You can plan safe ways home that do not involve impaired driving.

What you need to know and understand

• DUI limits: .08 BAC for drivers 21 and over, .04 in a commercial vehicle and .02 for drivers under 21.
• A BAC of .20 or more brings tougher penalties.
• You can be convicted of DUI below .08 if drugs or other intoxicating substances impair you. Marijuana is an illegal drug in Idaho.
• Driving in Idaho means you have agreed to a breath, blood or urine test if an officer suspects DUI (implied consent).
• Refusing a test brings a $250 civil penalty and a one-year suspension for a first refusal, two years for a second within 10 years.
• Drivers and passengers may not drink from or hold an open alcohol container. Unsealed containers go in the trunk, or behind the last upright seat.

Two separate tracks: ITD and the court

If you fail an evidentiary test, the officer serves a notice of administrative license suspension (ALS). It starts 30 days after you receive it. A first failure means a 90-day suspension, with no driving at all for the first 30 days, followed by an ignition interlock on any vehicle you drive for a year. A second failure within 5 years means a one-year suspension with no driving privileges. You have 7 days to ask for a hearing.

The criminal DUI case runs separately in court, and you must deal with both.

Court penalties for a DUI conviction

• First conviction: up to 6 months in jail, a fine of up to $1,000 and a suspension of 90 to 180 days, or one year if under 21. The first 30 days allow no driving.
• Second within 10 years: mandatory jail of 10 days to one year (30 days if under 21), a fine of up to $2,000 and a one-year suspension (two years if under 21).
• Third or more within 10 years: a felony, with longer jail terms and fines up to $5,000.
• An ignition interlock is likely after a suspension, and SR-22 proof of insurance is needed for three years.

Staying safe

Only time removes alcohol from your body. Coffee, cold showers, exercise and food do not sober you up. One 12-ounce beer, a 5-ounce glass of wine and a 1.5-ounce shot of 80-proof liquor contain about the same amount of alcohol. Prescription and over-the-counter medicines can also impair you, so read labels and ask your doctor.

Plan ahead: choose a designated driver, arrange a ride or stay where you are. Never ride with a driver who has been drinking or using drugs.

Common mistakes

• Believing beer is safer than liquor. A standard beer has about the same alcohol as a shot.
• Thinking one drink is fine for an under-21 driver. The limit is .02, which a single drink can reach.
• Assuming a refusal avoids trouble. Refusing brings its own suspension and penalty.
• Driving the morning after heavy drinking before alcohol has cleared.

Test yourself: Drunk and drugged driving laws in Idaho

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Idaho GDL Rules and the Supervised Instruction Permit
• Idaho Permit Test
• Idaho Parent-Led Driver Training