Idaho Excessive DUI Laws

If you are arrested for DUI in Idaho with a blood alcohol concentration (BAC) of .20 or higher, you will be charged with an Excessive DUI - rather than a standard DUI. This is an enhanced criminal charge carrying far more severe penalties.

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Idaho Excessive DUI 

In Idaho, a DUI with a blood alcohol concentration (BAC) of .20 or higher is an Excessive DUI.

While it is illegal in Idaho for anyone to drive with a blood alcohol concentration (BAC) over .08, an excessive DUI is an enhanced criminal charge where the defendant's blood alcohol concentration is above .20. This is a misdemeanor offense and, if convicted, can lead to a variety of penalties. Even on a first offense, a conviction for an Excessive DUI in Idaho carries much steeper penalties than a "standard DUI."

Excessive DUI in Idaho - Penalties 

If you have been convicted of an Excessive DUI in Idaho for the first time, here are some of the possible penalties:

  • Jail Time
    • There is a minimum of 10 days jail time (with the first 48 hours being consecutive). While 10 days is the minimum penalty, the State reserves the right to impose up to a total of 365-day jail sentence.
  • License Suspension
    • There is a mandatory 1-year absolute drivers license suspension. "Absolute" means: you can not receive a limited license.
  • Ignition Interlock Device
    • Under the new 2019 law any first time DUI offender will be required to install an interlock device on their vehicle for one full year after their conviction. The device, which measures your Blood Alcohol Content (BAC) before allowing the car to start, will be installed and maintained at the expense of the driver. To learn more about this rule take a look at the blog article New Harsher Penalties For First Time DUI Offenders.
  • Fines
    • The maximum fine for a conviction is $2,000.
  • Alcohol Evaluation
    • Those convicted are subject to a variety of different evaluation techniques. Based upon the findings of the evaluation counseling, alcohol education, and rehabilitation are all possibilities.
  • Victim's Panel
    • This is typically a two-hour class where victims/survivors of a DUI share their stories about the physical, emotional, and financial impact of the DUI on their lives, their families, and the communities.
  • Mandatory SR-22 High Risk Insurance
    • When you reinstate your license, Idaho law states that you must provide proof that you have purchased SR-22 insurance, which guarantees that you can pay for any costs that could potentially arise in the case of future accidents you cause.

For more information on Excessive DUI Penalties, see: Idaho Code §18-8005 - Penalties.

 Second Excessive DUI Conviction

In Idaho, a second conviction for Excessive DUI within five years of the first is a felony. For information on Felony DUIs, Click Here

Hire An Experienced Idaho DUI Attorney

If you are charged with an Excessive DUI in Idaho, you need a lawyer that will fight to protect your rights and your future. We will give you an honest, no BS, assessment of your case. Call us for a free consultation. 

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Boise Excessive DUI Charges

While we represent DUI charges across the state of Idaho, many of our clients are in the Boise area (Ada County). Charges in Ada County have their own set of potential difficulties. We have vast experience representing clients in Ada County and are prepared for whatever challenges we encounter in your case.

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Boise Excessive DUI Charges

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