Idaho DUI Penalties: What Boise Drivers Need to Know

Arrested for  DUI in Boise? You're searching for answers about what happens next. Let's break down Idaho's DUI penalties in plain English so you understand exactly what you're facing and what to do right now.

Understanding Idaho's DUI Levels

Not all DUI charges are the same. Idaho categorizes them differently based on your blood alcohol concentration and prior offenses. A standard first offense DUI is when you blow 0.08 or higher with no prior convictions. You can also get a DUI for illegal drugs including marijuana, prescription medications, or inhalants, but most cases involve alcohol.

The Excessive DUI: When Everything Changes

If your BAC is 0.200 or higher (two and a half times the legal limit), you're charged with an excessive DUI. Here's the problem: you're going to have the same potential penalties that you would face on a second DUI. Even if it's your first offense, you skip right past first-timer consequences.  In 2019, Idaho changed the law. Now an excessive first DUI and a second offense DUI have identical penalties. Same process, same consequences. This catches many people off guard.

You're Fighting Two Cases Simultaneously

When arrested, you're dealing with two completely separate legal proceedings at once.

The ITD Administrative Case: Your License

The Idaho Transportation Department (“ITD”) moves fast. You have only 7 calendar days from your arrest to fight the automatic license suspension. Miss this deadline and your license is gone automatically. PRO TIP:  The ITD proceeding is civil, not criminal and so even if you have a public defender appointed they will not assist with your ITD drivers license suspension. If it's your first excessive DUI or your second DUI happened more than 5 years ago, you face a 90-day suspension. The first 30 days are absolute (no driving at all). After that, you can request restricted privileges for work,  medical appointments and anything ordered by the court. But if it's your second DUI within 5 years, you're looking at a full year suspension through the ITD. If you refused the breath test offered by the police, then you are facing a one year absolute drivers license suspension.  Further, your refusal case proceeds through the courts as a separate case from your criminal DUI case, it does not proceed through the ITD. PRO TIP:  Often you receive paperwork telling you that you have 2-3 weeks to appear in the criminal case.  That is true, but the deadline in the ITD case is 7 calendar days from the date of your arrest.

The Criminal Case: Jail, Fines, and More

Separate from your license suspension through the ITD, you face criminal charges. For a first offense DUI, you are facing up to a $1,000 fine, court costs of $202.50, up to 180 days of jail, 180 day license suspension separate from the ITD suspension, up to two years of probation that can be supervised or unsupervised, you would have to complete an alcohol evaluation by an evaluator approved by the Department of Health and Welfare, complete any recommended treatment, complete a Mother’s Against Drunk Driving Victim’s Impact Panel and have a functioning interlock device installed on any vehicle your drive for a one year period of time when you reinstate your drivers license.   For an excessive or second offense DUI, penalties include up to one year in jail with a mandatory minimum of ten days, five of which are supposed to be in jail, up to $2,000 in fines, court costs of $202.50, and up to two years of probation, the alcohol evaluation, any recommended treatment, the MADD Victim’s Impact Panel and the installation of a functioning interlock device.. Prosecutors often seek supervised probation on these cases. Here's the kicker: the criminal case brings a one year absolute driver's license suspension. No driving privileges whatsoever. No exceptions for work or emergencies.  The good news? Many of these terms are negotiable. That is why it is so critical for you to have an aggressive DUI attorney fighting for you in plea negotiations..

The Critical First 48 Hours

While you generally can bond out pretty quickly on a misdemeanor DUI, on an excessive or second offense you are going to have a special hearing called a DUI Arraignment within 2-3 days of your arrest.  At that hearing the judge could increase your bond, order you to be tested during the pendency of the case for drugs or alcohol use and can even order you not to drive during the pendency of the case.  Accordingly, while it is always important to get an aggressive DUI lawyer advocating for you as soon as possible, it is critical in these excessive DUI and second offense DUI’s to get an attorney in place prior to the DUI Arraignment.  Don’t lose your rights and privileges by delay in hiring a lawyer. PRO TIP: When you pay a cash bond to the jail, you get a credit for the bond paid.  If you win the case, you get the money back, if you lose the case it is applied to fines and court costs.  If you go through a bail bondsman, you get no credit. PRO TIP:  Bail bondsmen usually charge 10-12 percent of the bond if you don’t have an attorney on retainer and usually charge 8 percent or less if you do have an attorney.

The DUI Arraignment Hearing

This hearing is called a DUI arraignment. The prosecutor will ask for special bond conditions: no drinking during your case, no refusing breath tests, no driving without a valid license, and no frequenting bars. You generally can go to restaurants like Chili's, but you can't sit in bar areas or visit establishments that derive their primary source of revenue from alcohol sales. The judge will also decide if you need monitoring during your case. This depends on your BAC levels, whether this is truly your first DUI, if you have a history of drug or alcohol abuse and, frankly, which judge is handling the case. Monitoring could mean random urinalysis tests, an ankle device that detects alcohol 24/7 or a hand held device you carry with you and blow into when prompted. This is why it's critical that you get a lawyer involved right away. Oftentimes having a lawyer can significantly influence what conditions the judge places on you at this hearing.  You don't want to walk into that first hearing blindsided. That hearing sets the tone for your entire case.

When DUI Becomes a Felony

    There are four ways a DUI escalates to felony charges in Idaho.

Aggravated DUI: Causing Serious Injury or Death

If you have any DUI (even your first, even barely over 0.08) and you seriously injure or kill someone while driving under the influence, you may face aggravated DUI charges. Penalties include up to 15 years in prison with a mandatory minimum of 30 days county jail, up to $5,000 fine, up to five year license suspension with a mandatory minimum of one year absolute, and up to 15 years of probation. PRO TIP: Prosecutors are very aggressive in these types of cases.  Oftentimes they initially charge as a regular DUI and wait to amend up to an Aggravated DUI once medical information comes in about the victims.  Whether the injuries reach the required level of injury required for an Aggravated DUI can be a gray area.  Having an attorney in place right away to resolve prior to any amendment up or to try to convince the prosecutor not to amend up is critical in these types of cases.  DO NOT DELAY in getting a lawyer in an Aggravated DUI case. 

Three DUIs in Ten Years

This is the most common felony path. But here's the trick: they kind of cheat on that ten year calculation. It's not from charge-to-charge or conviction to conviction. It's from the conviction on your first DUI to the charge of the third DUI. Within that roughly ten-year window, three DUIs means felony charges: up to 10 years in prison, 10 years probation, $5,000 fine, five year license suspension with a mandatory minimum of one year, and court costs currently at $202.50.

Two Excessive DUIs in Five Years

Normally two DUIs in ten years would both be misdemeanors. But two excessive DUIs (both over 0.200) within five years elevate the second DUI to a felony charge. You're facing up to five years in prison, five years probation, $5,000 fine, court costs of $202.50 and five year license suspension with a mandatory minimum of one year.

Prior Felony DUI Within 15 Years

If you had a felony DUI within the last 15 years (even if it's been 14 and a half years) and you're charged with another DUI, you face another felony. Penalties include up to 10 years in prison, 10 years probation, $5,000 fine, and five year license suspension with a mandatory minimum of one year.

Why Immediate Legal Help Matters

Felony DUI cases are a lot more involved than misdemeanor cases. There's a lot that happens really early in the case. You can really prejudice yourself by not getting an attorney involved right away. Even for misdemeanor excessive or second offense cases, having an attorney in place for that DUI Arraignment is critical to protect your rights.

FAQ

Will I lose my license immediately? Generally speaking, if you had a valid license at the time of your arrest it will be good for 30 days from the date of your arrest unless you are told otherwise by a judge, for example, at your DUI arraignment.  Whether you have that license after 30 days will depend on whether you request an ITD hearing within 7 days of the date of your arrest and how that hearing turns out. Act fast or you automatically lose your license. Can I drive to work during suspension? After the first 30 days of an ITD suspension, you may apply for restricted privileges in some cases, however, there is a separate potential suspension in the criminal case. The overlap of the ITD suspension and the criminal suspension is confusing and complicated, it is critical to get an attorney involved to help you navigate these issues and protect your driving privileges. What makes a DUI "excessive"? BAC of 0.200 or higher. Since 2019, it carries the same penalties as a second offense. How long for the interlock device? One year on any vehicle you drive.  In some situations you can request an exception to the interlock device.  Make sure to inquire with your lawyer about the process for seeking an exception. Will I go to jail? It depends on the facts and circumstances of the case, the charge (is it a 1st, 2nd, 3rd, excessive, aggravated etc.), what you do prior to sentencing, the strength of any challenges to your case, whether you have a lawyer and who you hire.  In some cases public service, community service or sheriff inmate labor detail may be possible in lieu of jail time.  Having an experienced and aggressive lawyer can be the difference between beating the charges, altogether, getting community service or going to jail or prison..  

What to Do Right Now

Contact a DUI attorney immediately, especially for excessives, second offenses or felonies. Within 7 days: File your ITD hearing request to fight license suspension. Miss this and you lose automatically. Within 48 hours (excessive/second): Prepare for your arraignment with your attorney.

Jared Sommer Defends Boise DUI Drivers

We defend DUI cases throughout Idaho every day. We challenge breathalyzer results, fight illegal stops, and negotiate aggressively with prosecutors. We know Idaho DUI law because we practice in these courts daily. Time is critical in DUI cases. Don’t prejudice your case because of the delay in hiring an attorney to protect your rights. The State has aggressive prosecutors working on their side, you should too. Call Jared Sommer. We offer free consultations where we review your case, explain your realistic options, and give you honest answers about what you're facing. No pressure. No judgment. Just real legal advice from an attorney who defends DUI cases every day. Because one mistake on one night shouldn't define the rest of your life. You have the right to a strong defense. Use it.