Have A Question? Search This Site:
A DUI arrest in Idaho carries a range of penalties, and one of the most immediate and impactful consequences is the suspension of your driver’s license. Many people wonder how long they’ll be without driving privileges after a DUI, especially if it’s their first offense. In Idaho, license suspension is not just a possibility—it’s often automatic and enforced by both the Department of Motor Vehicles (DMV) and the court system.
The length of a license suspension in Idaho depends on several factors, including whether the individual has prior DUI offenses, the results of chemical testing, and whether the person refused testing altogether. Suspension timelines are also influenced by whether the case involves administrative penalties from the DMV or criminal penalties imposed by a judge.
This post provides a detailed breakdown of license suspension durations for DUI offenses in Idaho. Whether it’s your first offense or a repeat charge, understanding what to expect can help you make sense of the process. The goal here is to provide clear, structured information on the typical timeframes and conditions surrounding license suspension in DUI cases across the state.
Administrative vs. Criminal License Suspension in Idaho
In Idaho, DUI-related license suspensions fall under two categories: administrative and criminal. These are separate processes with different rules and timelines.
Administrative license suspension occurs automatically through the Idaho Transportation Department (ITD) when a driver fails or refuses a chemical test during a DUI stop. This suspension is triggered regardless of whether the driver is later convicted in court.
- For failing a chemical test (BAC of 0.08% or higher), the administrative suspension is typically 90 days for a first offense, with 30 days of absolute suspension followed by 60 days of restricted driving.
- For refusing a chemical test, the suspension period increases to one year with no restricted license option.
Criminal license suspension is ordered by the court if the driver is convicted of DUI. These suspensions begin after any administrative actions are complete and can vary depending on prior offenses and case specifics. Criminal suspensions are often more severe and may extend the time without driving privileges.
In many cases, Idaho drivers face both types of suspensions, effectively extending the period they’re unable to drive legally.
License Suspension Timeline for First-Time DUI Offenders
For individuals facing a first-time DUI offense in Idaho, the license suspension process generally unfolds in two parts.
- Administrative Suspension
If the driver fails a BAC test, the ITD will issue a 90-day suspension, as noted above. The first 30 days are absolute—no driving at all—while the next 60 days may allow for a restricted license depending on eligibility. - Criminal Suspension
If convicted, the court may impose an additional 90-day suspension, which often starts after the administrative suspension ends. The minimum required period is 30 days of absolute suspension, with the remaining time potentially allowing for limited driving privileges.
In total, a first-time offender may experience up to 180 days of license suspension, though exact timelines vary based on court decisions, DMV actions, and individual circumstances.
Note: First-time offenders with a BAC of 0.20% or higher may face enhanced penalties, including a one-year suspension, with no eligibility for a restricted license.
Suspension Lengths for Repeat DUI Offenders in Idaho
Repeat DUI offenses in Idaho carry significantly harsher license suspension penalties. The state increases both the length and strictness of suspensions for individuals with prior DUI convictions within the last 10 years.
- Second DUI Offense:
A conviction within 10 years of the first offense triggers a mandatory one-year suspension with 90 days of absolute suspension. During this time, the driver may be ineligible for restricted driving privileges, especially if aggravating factors exist. - Third DUI Offense (Felony DUI):
A third DUI offense is classified as a felony in Idaho and results in a mandatory license suspension of one to five years. The exact duration depends on court findings and prior record. In most cases, no restricted license is permitted during the early phase of suspension.
In both second and third offenses, the administrative suspension from the ITD may still apply separately from the court-imposed criminal suspension, leading to longer overall periods without a license.
What Happens If You Refuse a Breath or Blood Test in Idaho?
Under Idaho’s implied consent law, drivers are required to submit to chemical testing if law enforcement suspects DUI. Refusing to take a breath, blood, or urine test carries automatic penalties—even if you are not later convicted.
- First refusal results in an automatic one-year license suspension with no possibility of a restricted license.
- Second refusal within 10 years can lead to a two-year suspension, also with no restricted driving privileges.
These penalties are handled administratively and take effect quickly after a refusal is recorded. In addition to license suspension, refusal can be used as evidence in criminal proceedings, potentially increasing the severity of sentencing if convicted.
Restricted Driving Privileges After a DUI in Idaho
Idaho offers restricted driving privileges in certain DUI cases, allowing limited operation of a vehicle for essential activities such as work, medical appointments, or school. However, eligibility for these privileges depends on several conditions:
- The individual must complete 30 days of absolute suspension (for a first DUI).
- The person must install an ignition interlock device on any vehicle they operate.
- The court or DMV must approve the request, often requiring proof of insurance and a reinstatement fee.
Restricted licenses are not available for individuals with aggravated DUIs, felony convictions, or those who refused chemical testing.
These limited licenses are closely monitored, and violating the terms of a restricted license can result in full suspension reinstatement or additional penalties.
Ignition Interlock Requirements Tied to Suspensions
Idaho law mandates the use of ignition interlock devices (IIDs) in many DUI cases, particularly for repeat offenders or drivers with elevated BAC levels.
- For first offenses, an IID may be required at the court’s discretion, especially when the BAC was 0.20% or higher.
- For second and third offenses, an IID is typically mandatory as a condition for reinstating driving privileges or obtaining a restricted license.
The device must be installed and maintained at the driver’s expense, and the court or DMV may require proof of calibration and compliance. Failure to comply with IID requirements can delay license reinstatement and result in additional suspension periods.
FAQ: Common Questions About DUI License Suspension in Idaho
Can you drive at all during a DUI suspension in Idaho?
Only in specific cases. First-time offenders may qualify for a restricted license after 30 days, but many situations—especially refusals or repeat offenses—prohibit any driving.
Do license suspensions start immediately after arrest?
Administrative suspensions begin shortly after a failed or refused test. Criminal suspensions take effect only after a court conviction.
How do you reinstate your license after a DUI in Idaho?
Reinstatement requires paying fees, possibly installing an IID, providing SR-22 insurance, and completing any required court or DMV programs.
What’s the difference between suspension and revocation?
A suspension is temporary and often has a set end date. A revocation may require a more complex reinstatement process and may follow a felony DUI conviction.
Does Idaho count out-of-state DUIs when determining suspension lengths?
Yes. Idaho considers DUI convictions from other states when assessing whether an offense is a repeat violation.
Are commercial drivers subject to different suspension rules?
Yes. CDL holders face longer suspensions and may lose their commercial license even for a first-time DUI in a personal vehicle.
Is it possible to appeal a license suspension?
Yes, but appeals must be filed quickly, and the process is separate for administrative and criminal suspensions. Each has its own timeline and procedures.
Conclusion
License suspension after a DUI in Idaho is both swift and serious. The duration and conditions depend on whether it’s a first or repeat offense, whether you submitted to chemical testing, and what the court decides during sentencing. While restricted licenses are available in some first-offense cases, many drivers will face extended periods without driving privileges—especially those with high BAC levels, prior DUIs, or refusals. Ignition interlock devices and reinstatement steps further shape the path back to legal driving.
For a full breakdown of how Idaho handles DUI penalties beyond license suspension, see the DUI penalties and consequences page. To dive deeper into restrictions and suspension timelines, visit the license suspension and driving restrictions after a DUI guide.