State service guide

Idaho DUI laws: separate ALS and court tracks, 7-day hearing deadlines, and no-permit refusal penalties

A useful Idaho DUI page has to separate three different problems that people often collapse together: the criminal DUI case in court, the administrative license suspension that follows a failed evidentiary test, and the separate court-ordered suspension for refusing testing. Idaho's practical rules are specific. The adult BAC threshold is .08 in a non-commercial vehicle and .04 in a commercial motor vehicle, under-21 drivers face separate .02 alcohol rules, an ALS hearing request must be made within 7 days, a first ALS starts 30 days after notice and may allow only the last 60 days on a restricted permit, and refusal suspensions do not allow a restricted permit at all.

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Adult alcohol thresholds Idaho uses .08 BAC for most motor vehicles and .04 BAC for commercial motor vehicles
Under-21 rule Drivers under 21 with BAC of .02 or higher can face up to a 1-year suspension and up to a $1,000 fine
ALS timing A failed-test ALS hearing request must be made within 7 days, and a first ALS begins 30 days after notice
Refusal penalty A first refusal brings a 1-year suspension with no restricted driving permit, and a second refusal within 10 years brings 2 years with no permit

Overview

What this page helps you verify

Idaho DUI content should not be written as one flat penalty chart. The state divides the problem into criminal DUI penalties, ITD's administrative license suspension process after a failed evidentiary test, and separate refusal consequences that run on their own terms. A strong Idaho page should answer four practical questions quickly: what BAC or age rule applies, whether the 7-day hearing deadline is still open, whether the license problem is a failed-test ALS or a refusal case, and what reinstatement items such as fees, SR-22, interlock, or a restricted permit may still be required after the suspension period ends.

Last reviewed: 2026-05-18. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Usually needed

Documents and information to prepare

  • The citation, court date, and any criminal DUI paperwork served by law enforcement
  • The goldenrod Notice of Suspension for Failure of Evidentiary Testing if the case involves an ALS
  • A written hearing request with your name, driver license number, and daytime phone number if you are contesting an ALS
  • Any reinstatement materials Idaho requires after suspension, including proof of SR-22, payment of the correct reinstatement fee, and ignition interlock records when required
  • Restricted-driving-permit forms if you may qualify for a court permit during a DUI suspension or an ITD permit during the last 60 days of a first ALS

Typical flow

What the process often looks like

  1. Figure out first whether the case is a criminal DUI, a failed-test ALS, a refusal suspension, or more than one of those at the same time.
  2. Check the Idaho hearing deadline immediately, because ALS and refusal cases use a short 7-day window rather than the later court date.
  3. Match the case to the correct threshold and penalty lane, especially if you were under 21, driving a commercial vehicle, or accused of refusing testing.
  4. Do not assume the license becomes valid automatically when the suspension time ends; Idaho may still require fees, SR-22, interlock, or permit paperwork before driving is lawful again.

Three separate problems

Idaho splits DUI conviction, failed-test ALS, and refusal suspensions into different legal tracks

That is the first correction a practical Idaho page should make.

  • Idaho Transportation Department says a DUI charge is a criminal offense that proceeds through the court system.
  • ITD separately says an Administrative License Suspension, or ALS, is a civil process that follows a failed evidentiary blood, breath, or urine test.
  • Idaho also treats refusal differently, with a court-ordered suspension that carries its own no-permit penalty structure.

Thresholds and age rules

Idaho's DUI rules are broader than one generic .08 summary

The current official guidance uses different thresholds for adults, commercial drivers, and under-21 drivers.

  • ITD's implied-consent guidance says driving privileges can be suspended for failing an evidentiary test at .08 BAC or more in any motor vehicle, .04 BAC or more in a commercial motor vehicle, or for test results showing drugs or other intoxicating substances.
  • The same Idaho guidance says drivers under age 21 with a BAC of .02 or higher can face suspension of driving privileges for up to one year and can be fined up to $1,000.
  • Idaho's public DUI guidance also frames the offense more broadly than BAC alone, making it unlawful to drive or be in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or other intoxicating substances.

Failed-test ALS

The immediate Idaho deadline after a failed evidentiary test is the 7-day ALS hearing request

This is often the most urgent administrative issue after arrest.

  • Idaho says the driver must request an ALS hearing within 7 days of the date of service listed on the notice of suspension.
  • For a first ALS, the suspension begins 30 days after notice, runs 90 days total, bars all driving for the first 30 days, and may allow a restricted driving permit only for the remaining 60 days.
  • Idaho's FAQ says a second ALS within 5 years brings a 1-year suspension with no restricted permit allowed.
  • ITD also says a first ALS requires an ignition interlock device for one year beginning 10 days after the end of the 90-day ALS suspension.

Criminal conviction penalties

Idaho conviction penalties escalate quickly and become felony-level by the third DUI within 10 years

The driver's handbook gives the clearest statewide summary of the court-side penalties.

  • For a first conviction, Idaho's handbook says the penalties can include up to 6 months in jail, up to a $1,000 fine, and a mandatory suspension of at least 90 days and up to 180 days, or 1 year if the driver is under 21.
  • For a second conviction within 10 years, the handbook says the sentence includes 10 days to 1 year in jail, up to a $2,000 fine, and a mandatory 1-year suspension, or 2 years if the driver is under 21.
  • For 3 or more convictions within 10 years, the handbook says the case becomes a felony, with 30 days to 10 years in jail, up to a $5,000 fine, and a mandatory suspension from 1 to 5 years.

Refusal and reinstatement

Refusal is worse than a first failed-test ALS in Idaho, and reinstatement usually requires more than waiting out the clock

This is where many Idaho drivers find the biggest gap between expectation and reality.

  • Idaho says refusing to submit to testing causes a 1-year suspension for a first refusal and a 2-year suspension for a second refusal within 10 years, with no eligibility for a restricted driving permit in either case.
  • ITD's current suspension page lists a $245 reinstatement fee for ALS and a $285 reinstatement fee for DUI.
  • The same page says a DUI conviction requires SR-22 insurance for 3 years beginning at the end of the suspension period, and the court may grant a restricted driving permit during the DUI suspension.
  • Idaho's suspension FAQ warns that the license stays suspended until the reinstatement requirements are satisfied, even if the original suspension period has already ended.

Accuracy notes

Where people get tripped up

  • Idaho DUI content should keep criminal DUI, failed-test ALS, and refusal suspensions separate because the state assigns different decision makers, deadlines, permit rules, and reinstatement requirements to each.
  • The 7-day hearing window is a core Idaho operational detail and should stay prominent rather than being buried under general penalty language.
  • Do not flatten Idaho into an adult .08-only state. The official guidance separately calls out .04 for CMV operation, .02 for under-21 alcohol cases, and drug-based impairment or failed-test cases.
  • A reviewed Idaho page should warn that the end of the suspension period is not the same thing as reinstatement. Idaho still ties restoration to fees, and many cases also require SR-22 or interlock compliance.

FAQ

Common questions

  • What is the BAC limit for DUI in Idaho?

    Idaho's public guidance uses .08 BAC for most motor vehicles and .04 BAC for commercial motor vehicles. Drivers under 21 face a separate .02 BAC rule.

  • How long do I have to request an Idaho ALS hearing?

    Idaho says you must request the ALS hearing within 7 days of the date of service on the notice of suspension.

  • Can I get a restricted permit after a DUI arrest in Idaho?

    Sometimes, but it depends on which suspension you have. A first ALS may allow a restricted permit for the last 60 days only, while refusal suspensions do not allow a restricted permit. During a DUI suspension, the court may grant a restricted driving permit.

  • What happens if I refuse the chemical test in Idaho?

    Idaho says a first refusal causes a 1-year suspension with no restricted driving permit, and a second refusal within 10 years causes a 2-year suspension with no permit.

  • When does an Idaho DUI become a felony?

    Idaho's driver's handbook says a third or later DUI conviction within 10 years is a felony.

Sources

Official references used for this page

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