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.
Statutory text, definitions, BAC thresholds and sentencing ranges.
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
Counties
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.