Free Consultation:


If you or your child have been charged with driving under the influence with a blood alcohol concentration of .02 but less than .08 in Idaho you need to contact an experienced Idaho DUI attorney to defend your case. In Idaho, if you are an adult of the age twenty one (21) or older it is considered driving under the influence if you are caught driving with a blood alcohol content of .08 or higher. In Idaho, DUI charges can be of the misdemeanor or felony variety. However, if you or your child are under the age of twenty one (21) it is considered driving under the influence if your blood alcohol content is .02 or greater, but less than .08. DUI/DWI of this sort are commonly referred to as “minor DUI” or “baby DUI” charges. Although the penalties are in many ways lesser than the penalties for a regular .08 BAC or higher DUI, a minor DUI is still a misdemeanor charge. As with any misdemeanor or felony the long term penalties can have lifelong effects on employment opportunities, educational opportunities civil rights and your reputation.

Idaho Penalties for Minor DUI

First Offense Under the Age of 21 DUI/DWI in Idaho

Any person having been found guilty or having plead guilty to a minor DUI will be required to obtain an alcohol evaluation prior to a sentencing hearing. The Idaho court will then require that the minor follow the recommendations of the alcohol evaluation. The evaluation may recommend anywhere for eight (8) hours of alcohol education up to in patient treatment for alcohol addiction treatment. In addition the Idaho court must suspend the person’s driver’s license for a period of one year. The first ninety (90) days of the driver’s license suspension must be absolute. In other words, the Idaho court cannot grant any driving privileges whatsoever. After ninety (90) days have passed, the Idaho court can and most of the time will grant restricted driving privileges for the remaining nine months of the suspension period. Examples of the restrictions would be that the person could drive to and from school, to and from work, could drive for work purposes while on the job and could drive to and from medical appointments. Finally, the Idaho court could impose a fine up to one thousand dollars ($1000.00). On a first time offense, the Judge is not allowed to impose any jail time.

Second Offense Under the Age of 21 DUI/DWI in Idaho within Five (5) Years

As one would expect, the penalties become stiffer each time an individual is found guilty or pleads guilty to the same or similar crime. The second time a person under the age of twenty one (21) is found guilty or pleads guilty to Driving Under the Influence with a blood alcohol concentration of .02 or greater, but less than .08 the penalties increase drastically. In this case, the Idaho judge must sentence the minor to a period of at least five (5) days of jail and could impose a jail sentence up to thirty (30) days. In addition, Idaho Law requires that the Judge impose a minimum fine of five hundred dollars ($500.00) and could impose a fine up to two thousand ($2000.00). Worst of all, the Idaho Court must suspend the person’s driver’s license for an absolute period of one year (1 year) and could suspend the driver’s license up to two years (2 years). In addition to the absolute driver’s license suspension, the person convicted for baby DUI second offense will be required to install an interlock in any motor vehicle they drive after the one year absolute drivers license suspension passes. An interlock device is a device that the driver must blow into to ensure there is no alcohol in their system before the motor vehicle will start. They are expensive devices and generally do nothing positive as far as automobile performance is concerned. As with a first time offense baby DUI, the court will require that anyone found guilty or pleading guilty of a second time offense undergo an alcohol evaluation and follow the recommendations of the evaluation. In all likelihood the court will also place the individual on some kind of probation for two (2) years. The probation could be supervised or unsupervised. As one may expect, supervised probation is expensive, intrusive and generally unpleasant.

Third or More Offenses of Under the Age of 21 DUI/DWI in Idaho within Five (5) Years

Anyone having plead guilty or having been found guilty of three or more offenses of driving under the influence while under the age of twenty-one (21) with a Blood Alcohol Concentration of less than .08 but .02 or greater is in for what they will remember as “unpleasant and unhappy times” . First the Judge must impose at least ten (10) days of jail and could send the Defendant to the county jail for up to six (6) months. Second, the judge must impose a fine of at least one-thousand ($1000.0) dollars and could impose a maximum fine of two-thousand ($2000.00) dollars. Again, the court will require that the minor equip their car with an interlock for the first year after the driver’s license suspension has passed, will require the Defendant to obtain an alcohol evaluation and follow the recommendations, impose probation of the supervised or unsupervised variety and require that the individual attend a victim’s panel. The person’s driver’s license must be suspended for one year or up until the person reaches the age of twenty-one, whichever is longer. That is a pretty serious penalty if someone is sixteen or seventeen years old.

Defenses to an Under the Age of 21 DUI

In Boise, Idaho it is essential that anyone charged with a “minor” DUI seek and obtain the assistance of a DUI Lawyer. As you can see, just because these offenses may be termed “Minor DUI” or “Baby DUI” there is nothing minor about the penalties and consequences of a conviction for this variety of DUI. An Idaho Defense attorney at Martens Law Office, P.C. will look at the facts of the case for ways to get the case dismissed, find a way to obtain an acquittal following a jury trial, reduce the charge to a lesser charge through plea agreements and assist you through the complex DUI process. Do not attempt to handle a minor DUI offense on your own. Years of experience and training are essential to properly work through DUI offenses.

Jared Martens takes a proactive approach to criminal defense. When he takes a case, he looks at the events leading to the alleged event, the arrest, the evidence, witnesses, and every other relevant detail. Whether the outcome eventually results from a negotiated plea or a jury trial, Mr. Martens prepares his cases as if he is going to trial. He knows that building his case from the ground up provides the strongest possible defense.

For a consultation with Martens Law Office, P.C., call 208-344-0994, or contact us online.

Frequently Asked Questions:

Getting a DUI in Idaho means that you must complete the Idaho Criminal Case Process and defend yourself from allegations leveled against you by a member of law enforcement or the community. Most DUI’s start with an arrest, then an arraignment, a pretrial conference, and may end up in a trial.

Driving Under the Influence (DUI), Driving While Intoxicated (DWI) or other alcohol related cases are serious charges. You will need an Idaho Criminal Defense Lawyer who specializes in alcohol related crimes. Alcohol related crimes are especially damaging to your reputation, ability to find work, and family relationships. According to the Fourth Judicial District Court, the criminal case process starts when “an individual is accused of conduct that has potentially damaged society.” Most DUI cases are prosecuted as a misdemeanor but may have additional circumstances that could rise to the level of a felony. While misdemeanors may bring fines and imprisonment in the county jail, a felony conviction means you could be incarcerated in the state penitentiary, pay larger fines, parole and a devastating entry onto your criminal record.

The Misdemeanor Criminal Case Process

  1. Most DUI cases begin with an arrest. Shortly after your arrest, you should find skillful and aggressive representation prior to arraignment.
  2. Arraignment: If you are charged with a misdemeanor, the First Appearance and Arraignment are combined. You will be given an opportunity to obtain private legal representation or a public defender and you may enter a plea.
  3. Pre-Trial Conference: If you are charged with a misdemeanor, you may receive a pretrial conference where the prosecution and defense will discuss the merits of your case and the likelihood of continuing to trial. This is where your past conduct, prior convictions and other circumstances may be used to dissuade aggressive prosecution.
  4. Plea Bargaining: Your attorney may engage in plea bargaining in a misdemeanor case and will find opportunities to negotiate on your behalf. Many misdemeanor cases end in plea bargaining.
  5. Trial: Misdemeanor cases that fail plea bargaining will proceed to trial at the magistrate court.

The Felony Criminal Case Process

  1. Again, most DUI cases begin with an arrest. In the case of a Felony DUI charge, you would have already obtained two prior DUI convictions or another excessive prior conviction.
  2. First Appearance: You will be brought before a magistrate judge to ensure that your Miranda Rights are processed and that you have selected legal counsel. You will NOT enter a plea at this time.
  3. Preliminary Hearing: On advice from counsel, you must determine to if you want a preliminary hearing. This “mock trial” requires the prosecutor to present evidence that warrants probable cause. The magistrate judge may choose to dismiss or reduce the charges. This is a complicated process and requires and Idaho Criminal Defense Attorney who is knowledgeable and prepared to evaluate and possibly exclude evidence and witnesses. You will not argue your case at this time. Supposing that any felony charges remain, you will be bound over to district court for arraignment.
  4. Arraignment: You will again be advised of your rights. At this time, you will either enter a plea of guilty or not guilty. Your bond will be set.
  5. Trial: This is your opportunity to refute the prosecutions case and present your case. If found guilty or if you pleaded guilty during arraignment you will be remain in jail until sentencing.
  6. Pre-Sentence Investigation: The court will most likely order a pre-sentence investigation to ascertain your background, social and medical histories and other private issues that may influence your sentence.
  7. Sentencing: The Judge will pronounce the terms of the sentence.

The costs of a DUI in Idaho are: 1st Offense: $1,000 Maximum Fine, 2nd Offense: $2,000 Maximum Fine, 3rd Offense: $5,000 Maximum Fine. However, court costs, license re-instating your license, attorney’s fees, vehicle interlock systems and alcohol education will likely cost thousands more. The Following scenarios are a good rule of thumb in the State of Idaho.

Cost for First Conviction DUI

  • Fines: up to $1,000
  • Ignition Interlock: $1,000 – $2,250
  • License Reinstatement Fee: $15.00 to $285.00
  • Alcohol Education: up to $2,000
  • SR-22 Insurance for 3 years: *$2,000 – $3,000
  • Court Costs: *$175
  • Bail: *$500 to $10,000

Total Estimate: $11,690 – $23,710

Cost for Second Conviction DUI

  • Fines: up to $2,000
  • Ignition Interlock: $1,000 – $2,250
  • License Reinstatement Fee: $15.00 to $285.00
  • Alcohol Education: up to $2,000
  • SR-22 Insurance for 3 years: *$2,000 – $3,000
  • Court Costs: *$175
  • Bail: *$500 to $10,000

Total Estimate: $12,690 – $29,710

Cost for Third Conviction DUI

  • Fines: up to $5,000
  • Ignition Interlock: $1,000 – $2,250
  • License Reinstatement Fee: $15.00 to $285.00
  • Alcohol Education: up to $2,000
  • SR-22 Insurance for 3 years: *$3,000 – $6,000
  • Court Costs: *$175
  • Bail: *Up to $50,000

Total Estimate: $21,190 – $90,710

* This document is for reference only and is NOT an estimate for your expected fees and/or attorney’s fees.

The first and second conviction of a DUI are misdemeanors. Only the first excessive DUI is a misdemeanor. The third charge for a misdemeanor will be a felony if it’s within 10 years. The second excessive DUI will also be a felony.

A DUI conviction will go on your driving record and will stay. There is no way to expunge a charge from your record. The Idaho DMV will report the DUI conviction to your insurance company for three years. During the three year span your insurance rates will increase.

SR22 must be maintained for a period of three years. During this time your rates will surely go up. SR22 is required to reinstate driving privileges.

SR22, Safety Responsibility, car insurance is a type of car liability insurance required by the state if the driver is labeled as high-risk. High-risk drivers include those that have had their driven privileges suspended for DUI, reckless driving, driving without insurance, or have a high number of violations or unpaid tickets.

The Idaho Transportation Department uses a demerit system for regulating the habits of driver’s behind the wheel. The number of points placed on against a driver’s record depends on the infraction in question. The accumulation of too many points will result in license suspensions.

A DUI in Idaho does not have any points associated with it. However, there are other more severe consequences, which can include monetary repercussions. The first DUI offense for adult drivers will include a 90 to 180 day license suspension, up to six months in jail, and fines up to $1,000. Subsequent DUI charges result in larger fines, longer suspensions, and other consequences.

What are the penalties for Excessive DUI in Idaho?

The penalties for excessive DUI include:

  • Fines
  • Jail Time
  • License Suspension
  • Alcohol Evaluation
  • Ignition Interlock Device


The maximum fine you can receive for excessive DUI conviction is $2,000 for a first time offense and up to $5,000 for a second. This does not include other fines or fees like attorney fees, bail, or court costs.

Jail Time

A minimum of 10 days jail time, but the state can impose a sentence of up to a year in jail for the first offensive. The first 48 hours of jail time will be consecutive regardless of sentence lenghth. Jail time increases to a 30 day mandatory sentence with a maximum of 5 years in the state penitentiary.

License Suspension

A first offense excessive DUI will have a 1 year mandatory license suspension after release from confinement without driving priveleges of any kind. A second offense increases the license suspension to a maximum of five years.

Alcohol Evaluation

If charged, you will undergo alcohol evaluation. Counseling, alcohol education, and rehabilition are possibilities.

Ignition Interlock Device

You will be required to install an ignition interlock device in your vehicle once driving priveleges have been restored.

The penalties for first time excessive DUI include a minimum of 10 days of jail, maximum fines of $2,000, mandatory alcohol evaluation, alcohol education, mandatory victim’s panel, 1 year driver’s license suspension, and SR-22 high risk insurance.

If a driver is charged with DUI and has a prior conviction within the last 10 years, that driver will be charged with a second DUI. It is up to the judge to determine a defendant’s sentence.

The second DUI conviction requires at least two days in jail, but can be up to one year. Fines can be up to $2,000. It is still considered a misdemeanor.

What About Two Excessive DUI Convictions?

If the driver faces an excessive DUI charge and has a previous conviction of excessive DUI within 5 years it becomes a felony violation. The driver will face a mandatory 30 days in county jail, or up to five years in the state penitentiary. Fines increase to $5,000, and driver’s license suspension lasts for 5 years with one year mandatory no driving privileges upon release and the installation of an ignition interlock device.

In Idaho it is illegal to drive with a BAC (blood alcohol content) of 0.08% or more or 0.02% if the driver is under the age of 21.

It is important to note the best way to avoid a DUI is to not drive if you have drank any alcohol. Use a designated driver, taxi, or make other arrangements before you go out drinking.


Additional DUI Idaho Information

Have more questions about DUI and Alcohol Related Crimes in Idaho? Click below for more resources and information.