Second Offense DUI in Idaho

Under Idaho Code § 18-8004, a DUI involves operating a vehicle while compromised by alcohol, drugs, or intoxicants. It applies to drivers with a Blood Alcohol Concentration (BAC) of 0.08% or higher, 0.04% for commercial drivers, or 0.02% for individuals under 21. The statute covers public roads and private areas open to the public.

A second DUI occurs when a new offense is committed within ten years of a prior conviction (Idaho Code § 18-8005(4)). Penalties increase to reflect repeat-offense risks and reinforce public safety. Consequently, a DUI in Idaho is typically treated based on the severity of the offense and the offender.

Is a 2nd DUI a Felony in Idaho?

A second DUI in Idaho is generally a misdemeanor if it occurs within ten years of a prior conviction (Idaho Code § 18-8005(4)).

However, per Idaho Code § 18-8006, a second DUI may be elevated to a felony in the following situations:

• The incident causes serious injury or death.
• The incident involves extreme conduct like high speed, fleeing police, or multiple aggravating factors.
• The offender is on probation or parole for a prior DUI-related felony or crime.

While most second DUIs remain misdemeanors, any element that substantially increases public risk or harm may trigger felony prosecution and expose the defendant to state prison time and a permanent felony record.

What is the Lookback Period for a Second DUI in Idaho?

A lookback period is the set number of years a prior DUI remains relevant for increasing penalties on a new offense. In Idaho, this period is ten years. Under Idaho Code § 18-8005(4), a second DUI within that time frame is a repeat offense with harsher penalties. The law ensures stricter consequences for repeat violations during the ten-year window.

What are Aggravating Factors in a Second DUI?

Idaho imposes harsher penalties when certain factors accompany a second DUI arrest. These elements elevate the case beyond a standard misdemeanor. When present, courts often issue longer jail terms, higher fines, extended license suspensions, or felony charges. Common aggravating factors include:

• Blood Alcohol Concentration (BAC) of 0.20 percent or higher
• Causing bodily injury or permanent disability to another person
• Having a child in the vehicle (Section 18-1501)
• Refusal to yield to a chemical test when lawfully requested
• Driving on a suspended or revoked license
• Involvement in a motor vehicle accident
• Prior DUI convictions in the last 10 years
• Open alcoholic containers found inside the vehicle
• Excessive speeding or driving recklessly while impaired

What Happens If You Get a 2nd DUI/DWI in Idaho

• Possible consequences of a second DUI conviction in Idaho include:
• Misdemeanor if within ten years (Idaho Code § 18-8005(4))
• Ten days to one year in jail
• $2,000 to $5,000 fine
• One-year license suspension with no driving privileges
• Alcohol evaluation and mandatory treatment
• Ignition interlock device upon reinstatement (Idaho Code § 18-8008)
• Possible vehicle impoundment
• Felony on record, harsher future penalties
• Higher insurance rates and restricted coverage
• Required victim's panel or DUI education program

How Long Does a Second DUI Stay On Your Record in Idaho?

A second DUI conviction in Idaho reflects permanently in an individual's criminal record. Unlike minor offenses, DUI convictions cannot be shielded under the Clean Slate Act. The record remains visible to law enforcement, employers, licensing boards, and housing authorities. It may limit access to jobs, licenses, rentals, or public trust roles.

How Much Does a Second DUI Cost in Idaho

In Idaho, a second DUI within ten years is a misdemeanor with fines up to $2,000. Aggravating factors like injury to others, higher BAC, or child passengers may elevate it to a felony with penalties up to $5,000. Mandatory costs include:

• Court fees ($200–$300)
• Ignition interlock: $1,000 (installation), $70–$150/month (monitoring fees)
• Alcohol treatment ($300)
• Increased insurance and reinstatement fees
• License reinstatement ($500)

Chances of Going to Jail for a Second DUI in Idaho

In Idaho, a second DUI within ten years carries at least 10 days in jail, with 5 days served in county jail. The court may order up to 1 year. Severe factors like a BAC of 0.20 or higher, injury or child passengers can elevate the charge to a felony, leading to 30 days to 15 years in prison. Courts may also impose steeper fines, extended license suspensions, and mandatory alcohol treatment.

Driver's License Suspension for a Second DUI in Idaho

A second DUI in Idaho within ten years triggers a mandatory one-year license suspension starting after jail release. No driving is allowed during this period. Aggravating factors may extend suspension up to five years.

After the suspension, a restricted license may be available for essential travel. To qualify, the offender must install an ignition interlock, show SR-22 insurance, and prove the necessary need for limited driving.

Ignition Interlock Device Requirement

An ignition interlock device (IID) blocks vehicle use until a sober breath sample is provided. Idaho Code § 18-8008 requires IID installation on all vehicles driven by an offender for at least one year after license reinstatement following a second DUI. Courts may extend this if aggravating factors exist, like high BAC or repeated offenses.

The offender pays all IID costs, such as Installation ($65–$150), monthly monitoring fees ($50–$100), and Removal ($50–$100). Extra charges apply for calibration, tampering, or failed tests. Low-income individuals may request aid from the Interlock and Monitoring Device Fund.

DUI School and Substance Abuse Treatment

Idaho DUI and Misdemeanor/DUI Courts oversee state-approved education programs for second DUI offenders. Participation may be court-ordered or required for license reinstatement. Programs include classroom instruction on impaired driving risks, substance use effects, and DUI legal consequences.

Repeat offenders must complete 20 hours, usually in weekly 2 to 3-hour sessions. A clinical evaluation may require additional treatment. Depending on court order or evaluation results, some offenders may also need to attend a Victim Impact Panel.

Probation Conditions

Second DUI convictions in Idaho usually result in supervised probation for one to two years. Conditions often include:

• Mandatory check-ins with a probation officer
• Strict abstinence from alcohol/drugs, enforced through random tests
• Completion of DUI education, treatment, and Victim Impact Panel
• IID installation on all vehicles for one year post-reinstatement
• Travel limits without court approval
• Payment of all court-ordered fines, fees, and restitution

Community Service Requirements

Idaho courts often require community service after a second DUI conviction. Courts may order up to 40 hours, depending on the case. Service is typically completed with public or private non-profits and may include park cleanup, food bank work, or similar tasks. Offenders must provide proof to the probation official, including the organization's name, service dates, and a summary of duties performed.

Impact on Auto Insurance

A second DUI conviction in Idaho can significantly impact an individual's auto insurance. Insurers designate offenders as high-risk, which causes high premium hikes. Some insurance companies may cancel or choose not to renew due to the increased risk.

Additionally, the state requires drivers with DUI convictions to file an SR-22 form with the Department of Transportation. SR-22 filings raise premiums and limit insurer options, as few serve high-risk drivers. Gaps in continuous coverage can cause license suspension and further legal consequences.

Which Courts Handle DUI Cases in Idaho

In Idaho, DUI cases are processed based on the severity of the offense and the court's jurisdiction. Magistrate Divisions of the District Courts typically handle misdemeanor DUI offenses, while felony DUI charges are tried in the District Courts. Cases originate in the county where the offense occurred, with municipal courts overseeing some city-level infractions.

The following is the contact for five key courts in some of the most populous Idaho cities that handle DUI cases:

Ada County District Court (Boise and Meridian)
200 W Front Street
Boise, ID 83702
Phone: (208) 287-6900
Website: Ada County Court

Canyon County District Court (Nampa and Caldwell)
1115 Albany Street,
Caldwell, ID 83605
Phone: (208) 454-7300
Website: Canyon County Court

Bonneville County District Court (Idaho Falls)
605 N Capital Avenue
Idaho Falls, ID 83402
Phone: (208) 529-1350
Website: Bonneville County Court

Bannock County District Court (Pocatello)
624 E Center Street,
Room 211,
Pocatello, ID 83201
Phone: (208) 236-7379
Website: Bannock County Court

Twin Falls County District Court (Twin Falls)
427 Shoshone Street N
Twin Falls, ID 83301
Phone: (208) 736-4025
Website: Twin Falls County Court

The Idaho Division of Motor Vehicles (DMV), under the Idaho Transportation Department, enforces and administers laws related to driving privileges statewide. Alongside its licensing duties, it coordinates with courts and law enforcement to implement statutory requirements and maintain traffic safety standards.

The DMV's responsibilities include the following:

• Issuance and suspension of driver's licenses
• Administrative hearings on DUI-related suspensions or revocations
• Ignition Interlock Device (IID) compliance
• Driver record maintenance and point assessment

Interested parties may contact the DMV (208) 584-4343) for license hearing or appeal information.

Can You Get a DUI on a Horse in Idaho?

No. Idaho's DUI regulations apply only to individuals operating "motor vehicles". Riding a horse while intoxicated does not meet this definition, so a DUI charge cannot be issued. However, law enforcement may pursue alternative charges, such as:

• Disorderly conduct under Idaho Code § 18-6409
• Public intoxication if local ordinances apply
• Animal cruelty under Idaho Code § 25-3504 if the horse is harmed

Therefore, riders may face arrest or citation, but not for DUI.