Idaho DUI Penalties: Second Offense

DUI: Second Offense

If you plead guilty or are found guilty of a DUI, and its your second offense within ten (10) years, you will be guilty of a misdemeanor.

1. Jail sentence: Mandatory minimum period of not less than ten (10) days the first forty‑eight (48) hours of which must be consecutive, and five (5) days of which must be served in jail. The other five days, at the discretion of the judge, may be served on the Sheriff Inmate Labor Detail. The maximum jail sentence is up to one (1) year.

2. Fine: Up to two thousand dollars ($2,000.00).

3. Impact on Driving Privileges: Mandatory minimum period of one (1) year after release from confinement with absolutely no driving privileges of any kind. Note: this suspension is separate from any administrative suspension before the Idaho Department of Transportation, so you could potentially have two Idaho driving privilege suspensions.

4. Ignition Interlock System: You will be required to drive only a motor vehicle equipped with a functioning ignition interlock system, following the one (1) year mandatory license suspension period during your period of probation.

5. Probation: The court will likely impose a period of probation, regardless of the type of sentence entered, for a minimum of one (1) year. All supervision costs are at your expense.

6. The provisions regarding disqualification of your commercial license apply, which results in a one year suspension of your commercial license.

If you have been cited with a second offense DUI in Pocatello, American Falls, Blackfoot, Preston, Soda Springs, Malad or Montpelier please contact Mark Petersen, a Pocatello Idaho DUI defense lawyer at Snake River Law PLLC. For other Idaho counties, contact an Idaho DUI Lawyer.

What Should You do If Stopped for DUI in Idaho?

If you are stopped and detained for a DUI in Idaho, these are some things that you can do to better help your defense of any potential DUI charges:


1. Answering Questions. You do not have to answer any questions the police officers ask. You can politely decline to answer questions without an attorney. Why? The only answers that will be included in the police report will be answers that tend to show you were driving under the influence.

2. Attitude and Cooperation. Always be courteous and cooperative with the police officers and politely decline to answer questions or participate in testing. Your attitude during the stop may affect your ability to get the charge dismissed or reduced.

3. Field Sobriety Tests. Decline to take the field sobriety tests (i.e. gaze nystagmus, walk & turn, one-leg stand) because you are not required to perform the tests and regardless of your condition the officers will probably conclude that you have failed the tests and find probable cause to request further testing.

4. Evidentiary Testing. Agree to take the evidentiary breath test, if your are confident you are under .08 blood alcohol content (BAC). Remember that any refusal of the handheld testing could result in a 1 year absolute suspension of your driving privileges. Also, any refusal of handheld testing could result in the police officer requiring a blood draw to determine your BAC.

5. Driver's License Suspensions - Request a Hearing. If you are cited for DUI and your license is suspended (this includes when your license is taken and a temporary permit issued) make sure you or your attorney requests a hearing before the Idaho Department of Transportation within 7 days to contest your suspension.

6. Personal Blood Test. If you have the resources, immediately upon release from police custody go to an available medical facility and ask for a blood test to determine your blood alcohol content, as these test generally are more accurate.

7.  Contact an Idaho DUI Attorney. Before seven (7) days have passed from being cited with a DUI, contact an Idaho DUI Attorney.  For charges in Pocatello, Blackfoot, American Falls, Soda Springs, Malad, Preston, Montpelier and the surrounding communities contact www.snakeriverlaw.com. For charges originating in other communities in Idaho contact the Idaho State Bar.