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Idaho · First offense

A first DUI in Idaho: what it can result in

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Up to six months, and no floor in the statute. Idaho writes the first offense as ceilings rather than minimums: jail may not exceed six months and the fine may not exceed $1,000. What is not optional is the evaluation — the court orders an alcohol and substance use assessment at your expense before sentencing, and where it recommends treatment, treatment is presumed necessary unless you show otherwise.

Written any number of ways — a 1st offense DUI, DUI 1st, DUI first offense ID, or a first DUI in ID — and the paperwork will use none of them. Idaho charges it under a section number, and that is what decides the range below.

What the statute sets

Grade. Misdemeanor

Confinement. Up to 6 months

Fine. Up to $1,000

Idaho Statutes § 18-8005 · Idaho Code § 18-8005(1) · checked 2026-09-04

The other half of the sentence

The device is a separate track

Idaho separates the administrative side from the court case: the Transportation Department handles the license suspension, the reinstatement fee and the restricted driving permit, while the court sets the sentence. The interlock belongs to the administrative track — it is what makes a restricted permit possible while the suspension runs.

In Idaho the interlock term runs Length of suspension and is administered by Idaho Transportation Department, with the court setting the sentence — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.

Source: Idaho Transportation Department, with the court setting the sentence

Speak to a Idaho DUI attorney

Ranges are set by statute; where you land inside them is argued. Tell us where the case is and we will pass it to an attorney licensed in Idaho.

Asked constantly

Idaho DUI questions

Is jail time mandatory for a 1st DUI in Idaho?

Idaho writes the first offense as ceilings rather than minimums: jail may not exceed six months and the fine may not exceed $1,000. What is not optional is the evaluation — the court orders an alcohol and substance use assessment at your expense before sentencing, and where it recommends treatment, treatment is presumed necessary unless you show otherwise.

How likely is jail time for a first DUI in ID?

Start from what the statute forces and what it leaves to the judge. The floor here is up to 6 months. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

What is the punishment range for a 1st DUI in Idaho?

Misdemeanor: up to 6 months, and a fine of up to $1,000. The range is set by Idaho Code § 18-8005(1), and the figures on this page come from the statute rather than from a summary of it.

Does an interlock come with it in Idaho?

Idaho separates the administrative side from the court case: the Transportation Department handles the license suspension, the reinstatement fee and the restricted driving permit, while the court sets the sentence. The interlock belongs to the administrative track — it is what makes a restricted permit possible while the suspension runs. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Idaho Transportation Department, with the court setting the sentence.

Other steps in Idaho: second offense penalties and when it becomes a felony penalties.

All Idaho DUI rules →Penalties across the states →Idaho DUI lawyers →Getting the license back →

Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.