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An Excessive DUI in Idaho is classified as a Blood Alcohol Level (BAC) level of .20% or higher. The first charge is a misdemeanor. If a driver receives a second excessive DUI charges within a 10 year span, it will be charged as a felony.

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.

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