A DUI Charge Doesn't Have to Define Your Future.

A first-offense DUI in Idaho is a misdemeanor. Penalties can include up to six months in jail, fines up to $1,000 (plus court costs and surcharges), and a 90-day driver's license suspension with an absolute 30-day period where no driving privileges are available. The court may also order community service, alcohol evaluation and treatment, and installation of an ignition interlock device. In many first-offense cases, judges impose probation rather than the maximum jail sentence, but the specific outcome depends on the circumstances, including your BAC level at the time of arrest.

Idaho has an implied consent law, which means that by driving on Idaho roads, you have already consented to evidentiary testing (breath, blood, or urine) if an officer has reasonable cause to believe you are driving under the influence. You can refuse the test, but refusal carries its own consequences: an automatic one-year driver's license suspension for a first refusal, and a two-year suspension for a second refusal within ten years. These administrative suspensions are separate from any criminal penalties and take effect regardless of whether you are ultimately convicted of DUI. The refusal itself can also be introduced as evidence against you in court.

A DUI conviction remains on your criminal record permanently in Idaho. There is no automatic expungement for DUI convictions. However, Idaho uses a ten-year lookback period for the purpose of determining whether subsequent DUI charges are filed as misdemeanors or felonies. This means a second DUI within ten years of the first carries enhanced penalties, and a third DUI within ten years is charged as a felony. Even after the lookback period, the original conviction remains on your record and can appear in background checks.

In Idaho, a first or second DUI offense within a ten-year period is typically charged as a misdemeanor. A third DUI within ten years is automatically charged as a felony, carrying significantly harsher penalties, including up to ten years in state prison, fines up to $5,000, and a driver's license suspension of one to five years. A DUI can also be charged as a felony regardless of prior offenses if it involves serious bodily injury or death to another person (vehicular manslaughter). Additionally, an "excessive DUI", where your BAC is 0.20% or higher, carries enhanced misdemeanor penalties even on a first offense, including a mandatory minimum of ten days in jail.

Idaho does not allow expungement of DUI convictions. Once you are convicted of DUI in Idaho, the conviction remains on your criminal record permanently. However, if your DUI charge was dismissed or you were found not guilty, you may petition the court to seal or expunge the arrest record. Idaho also allows withheld judgments in some cases, where the court defers entry of a guilty verdict during a probation period. If you successfully complete probation under a withheld judgment, the case may be dismissed and you can petition to have the record sealed. An experienced defense attorney can evaluate whether a withheld judgment may be an option in your case.

After a DUI arrest in Idaho, there are several critical steps you should take. First, contact a criminal defense attorney as soon as possible. Your written request for an administrative license hearing must reach the Idaho Transportation Department within seven calendar days of the date you are served the notice of suspension. Missing this deadline results in an automatic suspension. Second, do not discuss the details of your arrest with anyone other than your attorney. Third, write down everything you remember about the stop, the officer's conduct, and the testing procedures while the details are fresh. Finally, attend all court dates and comply with any conditions of release set by the court. Early action by an experienced DUI attorney can make a significant difference in the outcome of your case.

A DUI arrest in Boise, Meridian, Eagle, Kuna, Garden City, or Star is an Ada County case, heard at the Ada County Courthouse at 200 W Front Street in Boise, in Idaho's Fourth Judicial District. Misdemeanor DUI is handled in the magistrate division; a felony DUI starts before a magistrate and moves to district court if bound over. A DUI arrest in Nampa, Caldwell, or Middleton is a Canyon County case, heard at the Canyon County Courthouse in Caldwell. See our Boise and Nampa criminal defense pages for what to expect in each county.

In most cases, yes. A DUI case has two tracks: the criminal charge and the administrative license suspension, which has its own seven-day deadline. A lawyer requests the license hearing on time, reviews the stop, the field sobriety tests, and the breath or blood test for problems, and negotiates from a position of knowing the evidence. Suppressed evidence, a reduced charge, or a withheld judgment can mean the difference between a permanent record and none. The consultation is free.

It depends on whether the charge is a first-offense misdemeanor, an excessive DUI, or a felony, and whether the case is likely to go to trial. Idaho Defense Firm is not a volume practice, and fees reflect senior attorneys handling the work personally. The consultation is free, and you will leave it with a straight answer on fees and on your case before you decide anything. Call (208) 336-3600.

Not on a first offense. Under Idaho Code 18-8004C, a DUI with an alcohol concentration of 0.20 or more is an excessive DUI. The first one is a misdemeanor with enhanced penalties, including a mandatory minimum of ten days in jail. A second excessive DUI within five years is a felony.