Facing a DUI for the first time in Idaho can feel overwhelming, especially for young drivers, college students, or anyone unfamiliar with the legal system. A DUI charge is serious — even for first-time offenders — and it can impact your freedom, finances, career, and future driving privileges. If you’ve been arrested for driving under the influence in Boise or anywhere in Idaho, it’s important to understand what you’re up against and how a DUI lawyer in Boise can help protect your rights.
At Shep Law Group, a trusted Boise criminal defense lawyer, we defend first-time DUI clients with experience, professionalism, and a commitment to minimizing the long-term consequences of a single mistake. Whether you’re navigating Idaho’s administrative license suspension system or preparing for court, we’re here to provide guidance and strong legal representation.
Idaho DUI Laws: What Counts as Driving Under the Influence?
In Idaho, a driver can be charged with DUI under several conditions:
- Blood Alcohol Concentration (BAC) of 0.08% or higher (for drivers age 21+)
- BAC of 0.02% or higher for drivers under 21 (zero-tolerance policy)
- BAC of 0.04% or higher for commercial vehicle drivers
- Driving under the influence of drugs (prescription or illegal) that impair your ability to operate a vehicle
You can also be arrested even if your BAC is under the legal limit if law enforcement determines that your ability to drive is impaired. Idaho DUI laws are outlined under Idaho Code § 18-8004, which defines DUI as operating a motor vehicle while under the influence of alcohol, drugs, or any intoxicating substance.
First-Time DUI Penalties in Idaho
A first DUI offense in Idaho is typically a misdemeanor, but it carries serious penalties — both in court and through the Idaho Transportation Department (ITD). The penalties you face depend on your BAC level and whether you refused testing.
Standard First-Time DUI Penalties (BAC under 0.20%)
If convicted, you could face:
- Up to 6 months in jail
- Fines up to $1,000
- Mandatory license suspension of 90 to 180 days
- Alcohol evaluation and education or treatment programs
- Victim’s panel participation
- Probation (informal or supervised)
Jail time is often suspended for first offenses, but this depends on the facts of your case and the judge’s discretion. However, license suspension is mandatory.
First-Time DUI With High BAC (0.20% or Higher)
If your BAC was 0.20% or more, the charge is enhanced, even if it’s your first DUI. Penalties increase substantially:
- Mandatory jail sentence of at least 10 days (up to 1 year)
- Fines up to $2,000
- License suspension of 1 year with no driving privileges during suspension
- Mandatory alcohol evaluation and treatment
This high BAC enhancement reflects the state’s belief that driving with this level of intoxication poses extreme risk to public safety.
Implied Consent & Refusing a Breathalyzer
Under Idaho’s Implied Consent Law, if you refuse to take a breath, blood, or urine test when requested by law enforcement, your license will be automatically suspended for 1 year — even before you go to court.
This administrative suspension is handled separately by the ITD and takes effect 30 days after arrest unless you request a hearing within 7 days. An experienced DUI lawyer can request and represent you in this hearing to challenge the suspension. For more on protecting your license, see our resource: Can You Keep Your License After a DUI in Boise?.
License Suspension for First-Time DUI in Idaho
A DUI conviction results in both criminal penalties and administrative driver’s license penalties. These are handled separately:
Administrative Suspension (APS) by the Idaho Transportation Department:
- Starts 30 days after arrest
- Suspension of 90 days
- Work permits or restricted licenses may be available after 30 days
Criminal Court-Ordered Suspension:
- Minimum 90 days, maximum 180 days
- No restricted license allowed for the first 30 days
Once your license is eligible for reinstatement, you must pay a reinstatement fee, provide proof of insurance (SR-22), and sometimes install an ignition interlock device at your expense.
The license suspension process can be complex, so speaking with a DUI lawyer in Boise immediately after arrest is key to protecting your driving privileges.
Can a DUI Be Dismissed or Reduced in Idaho?
Yes, but it depends on the circumstances and how your case is handled. First-time DUI charges are not automatically dismissed, but there are options for reducing penalties or challenging the case through defense strategies.
Possible DUI Defense Strategies Include:
- Improper traffic stop: If police had no legal reason to pull you over, the case may be dismissed.
- Faulty breathalyzer or blood test: Equipment malfunctions or mishandled samples can lead to invalid results.
- Medical conditions or diet: Certain health conditions or even specific diets can falsely elevate BAC readings.
- Lack of probable cause for arrest: Officers must show clear signs of impairment to justify arrest and testing.
In some cases, it may be possible to negotiate a plea to a lesser charge, such as reckless driving, especially if your BAC was close to the legal limit and there were no aggravating factors.
How a DUI Lawyer Can Help First-Time Offenders
Hiring a DUI attorney doesn’t mean you’re admitting guilt — it means you’re protecting your rights and ensuring your case is handled fairly. At Shep Law Group, we defend first-time DUI clients with a focus on minimizing penalties and helping young or inexperienced drivers move forward.
What We Do for You:
- Challenge the traffic stop or arrest procedures
- Request and represent you at your APS license suspension hearing
- Review the accuracy of BAC testing
- Negotiate for reduced charges or probation
- Help you avoid jail time when possible
- Advocate for restricted driving privileges or work permits
- Support you through court dates, paperwork, and compliance
Some first-time offenders may also face probation violations if conditions are not followed. In these cases, a probation violation lawyer in Boise can provide ongoing defense support.
We understand that young adults, college students, and professionals often fear long-term consequences like job loss, license suspension, or criminal records. We aim to protect not just your case, but your future.
Frequently Asked Questions About First-Time DUI in Idaho
Will a first DUI stay on my record forever?
Yes, a DUI conviction in Idaho stays on your record permanently for criminal purposes, and it counts as a prior if you’re arrested again within 10 years.
Can I drive after a DUI arrest?
You can drive for 30 days with your temporary license (provided by the officer) unless your license was suspended for another reason. After that, you need to request a hearing or accept the APS suspension.
What happens if I’m under 21 and charged with DUI?
Idaho enforces a zero-tolerance policy for drivers under 21. A BAC of 0.02% or higher can result in DUI charges, with the same penalties as adult DUI, plus long-term insurance consequences and license restrictions.
Should I take a plea deal?
Not without legal advice. Plea deals may seem like a quick resolution, but they can carry long-term consequences. A DUI attorney can assess whether the offer is fair or if better options exist.
Taking the Right Steps After a First DUI Charge
If this is your first DUI arrest, don’t panic — but don’t delay either. Your future driving privileges, employment opportunities, and freedom may all be at risk. A first-time DUI doesn’t have to define your life, especially with the right legal help. At Shep Law Group, we provide clear, honest, and skilled defense strategies to help you understand your options and avoid unnecessary penalties.
You have 7 days to act on your license and only one chance to build a strong defense. Let Shep Law Group help you move forward with confidence, clarity, and support. Speak with our Boise DUI defense attorneys for trusted representation, or contact us today to get started.
