• State Penal Code – ID Statutes section 18-8004
• Open Container Laws – None
• Repeat Offender Laws – Yes
• Check Points – None (illegal under state law)
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Idaho are:

1st Refusal

• 1 year license suspension
• $250 fine

2nd Refusal

• 2 year license suspension
• $250 fine

3rd Refusal

• 2 year license suspension
• $250 fine

• In Idaho the lookback period is 5 years
• Any arrest for DUI/DWI within 5 years of your first offense results in higher penalties

Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• 1 year license suspension

• $1000 fine (maximum)

2nd Offense

• license suspension (1 year minimum, 2 year maximum)
• $500 – $2000 fine
• Prison (if BAC is between .02% – .05% = 5 to 30 days, if BAC is above .08% = 10 days to 1 year)

1st Offense

• license suspension (90 day minimum, 3 month maximum)

• $1000 fine (maximum)

• Prison (6 month maximum sentence)

2nd Offense

• mandatory 1 year license suspension

• $2000 fine (maximum)

• Prison (10 day minimum, 1 year maximum)
• Installation of Ignition Interlock Device

1st Offense

• mandatory 1 year license suspension

• $2000 fine (maximum)

• Prison (10 day minimum, 1 year maximum)

2nd Offense

• mandatory 1 year license suspension (up to 5 years maximum)

• $5000 fine (maximum)

• Prison (30 day minimum in county jail, 5  year maximum in the state penitentiary)
• Installation of Ignition Interlock Device

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL.

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Idaho an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for 1 year following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Idaho does allow for plea bargains in DUI/DWI cases
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved