Maximum DUI Penalties in Idaho
Law Offices Of Magyar, Rauch and Thie*
1. Persons under 21 with less than a 0.08 alcohol concentration
(a) Shall be fined an amount not to exceed one thousand
dollars ($1,000);
(b) Shall have his driving privileges suspended by the court for a period of
one (1) year, ninety (90) days of which shall not be reduced and during
which period absolutely no driving privileges of any kind may be granted.
2. 2nd Offense (under 21)
(a) Shall be sentenced to jail for a mandatory minimum period of five (5)
days, not to exceed thirty (30) days;
(b) Shall be fined an amount of not less than five hundred dollars ($500) nor
more than two thousand dollars ($2,000);
(c) Shall have his driving privileges suspended by the court for a period not
to exceed two (2) years,
(d) Shall, while operating a motor vehicle, be required to drive only a motor
vehicle equipped with a functioning ignition interlock system, as provided
in section 18-8008, Idaho Code,
1. 1st Offense (over 21)
(a) May be sentenced to jail for a term not to exceed six (6) months;
(b) May be fined an amount not to exceed one thousand dollars ($1,000);
(c) Shall have his driving privileges suspended by the court for a period of
thirty (30) days which shall not be reduced and during which thirty (30)
day period absolutely no driving privileges of any kind may be granted.
After the thirty (30) day period of absolute suspension of driving privileges
has passed, the defendant shall have driving privileges suspended by the
court for an additional period of at least sixty (60) days, not to exceed one
hundred fifty (150) days during which the defendant may request
restricted driving privileges which the court may allow,
2. 2nd Offense within 10 years (over 21)
(a) Shall be sentenced to jail for a mandatory minimum period of not less than
ten (10) days the first forty-eight (48) hours of which must be
consecutive, and five (5) days of which must be served in jail, as required
by 23 U.S.C. section 164, and may be sentenced to not more than one
(1) year, provided however, that in the discretion of the sentencing judge,
the judge may authorize the defendant to be assigned to a work detail
program within the custody of the county sheriff during the period of
incarceration;
(b) May be fined an amount not to exceed two thousand dollars ($2,000);
(c) Shall surrender his driver's license or permit to the court;
(d) Shall have his driving privileges suspended by the court for an additional
mandatory minimum period of one (1) year after release from
confinement, during which one (1) year period absolutely no driving
privileges of any kind may be granted; and
(e) Shall, while operating a motor vehicle, be required to drive only a motor
vehicle equipped with a functioning ignition interlock system, as provided
in section 18-8008, Idaho Code, following the one (1) year mandatory
license suspension period.
3. 3rd Offense (or more) within 10 years (over 21) THIS IS A FELONY
(a) Shall be sentenced to the custody of the state board of correction for not
to exceed ten (10) years; the defendant shall be sentenced to the county
jail for a mandatory minimum period of not less than thirty (30) days, the
first forty-eight (48) hours of which must be consecutive, and ten (10)
days of which must be served in jail
(b) May be fined an amount not to exceed five thousand dollars ($5,000);
(c) Shall surrender his driver's license or permit to the court;
(d) Shall have his driving privileges suspended by the court for a mandatory
minimum period of one (1) year after release from imprisonment, and may
have his driving privileges suspended by the court for not to exceed five
(5) years after release from imprisonment, during which time he shall have
absolutely no driving privileges of any kind; and
(e) Shall, while operating a motor vehicle, be required to drive only a motor
vehicle equipped with a functioning ignition interlock system, as provided
in section 18-8008, Idaho Code, following the mandatory one (1) year
license suspension period.
(a) Shall be fined an amount not to exceed one thousand
dollars ($1,000);
(b) Shall have his driving privileges suspended by the court for a period of
one (1) year, ninety (90) days of which shall not be reduced and during
which period absolutely no driving privileges of any kind may be granted.
2. 2nd Offense (under 21)
(a) Shall be sentenced to jail for a mandatory minimum period of five (5)
days, not to exceed thirty (30) days;
(b) Shall be fined an amount of not less than five hundred dollars ($500) nor
more than two thousand dollars ($2,000);
(c) Shall have his driving privileges suspended by the court for a period not
to exceed two (2) years,
(d) Shall, while operating a motor vehicle, be required to drive only a motor
vehicle equipped with a functioning ignition interlock system, as provided
in section 18-8008, Idaho Code,
1. 1st Offense (over 21)
(a) May be sentenced to jail for a term not to exceed six (6) months;
(b) May be fined an amount not to exceed one thousand dollars ($1,000);
(c) Shall have his driving privileges suspended by the court for a period of
thirty (30) days which shall not be reduced and during which thirty (30)
day period absolutely no driving privileges of any kind may be granted.
After the thirty (30) day period of absolute suspension of driving privileges
has passed, the defendant shall have driving privileges suspended by the
court for an additional period of at least sixty (60) days, not to exceed one
hundred fifty (150) days during which the defendant may request
restricted driving privileges which the court may allow,
2. 2nd Offense within 10 years (over 21)
(a) Shall be sentenced to jail for a mandatory minimum period of not less than
ten (10) days the first forty-eight (48) hours of which must be
consecutive, and five (5) days of which must be served in jail, as required
by 23 U.S.C. section 164, and may be sentenced to not more than one
(1) year, provided however, that in the discretion of the sentencing judge,
the judge may authorize the defendant to be assigned to a work detail
program within the custody of the county sheriff during the period of
incarceration;
(b) May be fined an amount not to exceed two thousand dollars ($2,000);
(c) Shall surrender his driver's license or permit to the court;
(d) Shall have his driving privileges suspended by the court for an additional
mandatory minimum period of one (1) year after release from
confinement, during which one (1) year period absolutely no driving
privileges of any kind may be granted; and
(e) Shall, while operating a motor vehicle, be required to drive only a motor
vehicle equipped with a functioning ignition interlock system, as provided
in section 18-8008, Idaho Code, following the one (1) year mandatory
license suspension period.
3. 3rd Offense (or more) within 10 years (over 21) THIS IS A FELONY
(a) Shall be sentenced to the custody of the state board of correction for not
to exceed ten (10) years; the defendant shall be sentenced to the county
jail for a mandatory minimum period of not less than thirty (30) days, the
first forty-eight (48) hours of which must be consecutive, and ten (10)
days of which must be served in jail
(b) May be fined an amount not to exceed five thousand dollars ($5,000);
(c) Shall surrender his driver's license or permit to the court;
(d) Shall have his driving privileges suspended by the court for a mandatory
minimum period of one (1) year after release from imprisonment, and may
have his driving privileges suspended by the court for not to exceed five
(5) years after release from imprisonment, during which time he shall have
absolutely no driving privileges of any kind; and
(e) Shall, while operating a motor vehicle, be required to drive only a motor
vehicle equipped with a functioning ignition interlock system, as provided
in section 18-8008, Idaho Code, following the mandatory one (1) year
license suspension period.
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*Licenced in Idaho and Washington
8am-5pm M-F (208) 882-1906 (509) 332-9406 |