Resources / Idaho

    Idaho DUI Statutes: The Code Sections That Control Your Case

    The Idaho DUI statutes — the code sections, implied-consent law, BAC limits and first-offense sentencing ranges, cited to the official code.

    The statutes that control Idaho DUI cases

    DUI in Idaho is defined by Idaho Code § 18-8004, and the chemical-testing rules sit in Idaho Code § 18-8002. Both are published in the official state code at legislature.idaho.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

    Idaho official code — DUI statute

    Statutory text, definitions, BAC thresholds and sentencing ranges.

    Implied-consent provision

    What refusing a breath, blood or urine test costs you.

    Statute at a glance

    Idaho DUI law at a glance

    Sourced from the Idaho code and state agency sites. Verify current text before relying on it.

    Offense name
    DUI (Idaho)
    Controlling statute
    Idaho Code § 18-8004
    Implied consent
    Idaho Code § 18-8002
    Per se BAC limit
    0.08 (0.04 CDL, 0.02 or lower under 21)
    Licence hearing deadline
    7 days after arrest
    Prior-offense lookback
    10 years
    First-offense fine
    up to $1,000
    First-offense jail exposure
    up to 6 months
    Licence suspension
    6 months
    Ignition interlock
    Not automatic on a first offense
    High-risk filing
    SR-22 for 3 years

    A first offense is a misdemeanor with possible jail and a licence suspension.

    First-offense exposure under Idaho Code § 18-8004: up to $1,000, up to 6 months of jail exposure, and a 6 months licence suspension. A first offense is a misdemeanor with possible jail and a licence suspension.

    What Idaho Code § 18-8004 actually says

    • Idaho Code § 18-8004(1)(a) — unlawful to drive under the influence of alcohol, drugs or another intoxicating substance, or with an alcohol concentration of 0.08 or more.
    • Idaho Code § 18-8004 sets the alcohol concentration threshold and the methods of proof for a DUI prosecution.
    • Idaho Code § 18-8002 governs the consequences of refusing evidentiary testing.

    Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on legislature.idaho.gov carries an effective date — amendments passed after it are not yet reflected.

    Idaho ZIP codes covered

    These Idaho ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.

    Counties and cities using these Idaho resources

    Other Idaho official resources

    Frequently asked questions

    What statute defines DUI in Idaho?
    Idaho Code § 18-8004 is the controlling DUI statute in Idaho. You can read the current text on the official code site at legislature.idaho.gov.
    What is the Idaho implied-consent law?
    Idaho Code § 18-8002 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.