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What is an Excessive DUI in Idaho?

In the state of Idaho, an excessive DUI is a serious offense. It occurs when an individual operates a motor vehicle with a blood alcohol concentration (BAC) of 0.20 or higher. This BAC threshold is notably higher than the standard 0.08 limit for regular DUIs, making excessive DUIs particularly serious.

Facing an excessive DUI charge in Idaho can lead to severe penalties:

  • Mandatory Jail Time: If convicted, you could be sentenced to up to 1 year in jail, with a mandatory minimum of 10 days for your first offense.

  • Fines: Up to $2,000 plus court costs for your first excessive DUI conviction.

  • License Suspension: Your driver's license will be suspended for 1 year with no restricted privileges whatsoever. This means that you will not have privileges to drive to work or anywhere else.

  • Ignition Interlock Device: All DUI convictions require an ignition interlock to be installed in your vehicle when your license is reinstated. To start your vehicle, you will need to blow into this alcohol detection system. If alcohol is detected, the car will not start, and you may face a probation violation.

  • Probation: Up to two years of probation, which comes with conditions such as mandatory alcohol education, testing for alcohol and drug use, and treatment programs. Probation for excessive DUIs is often supervised, meaning you will need to check in regularly with a probation officer, follow their orders, and be subject to random searches of your home.

  • Vehicle Impoundment: Your vehicle may be impounded, incurring additional costs.

  • Criminal Record: A conviction will result in a criminal record, which can have long-lasting consequences on your life.

  • Treatment: You will be required to submit to a substance abuse evaluation, which is a report that goes to the judge informing her of any treatment the evaluator believes you need. The judge incorporates those recommendations into your sentence.

What if I Get Charged with Another Excessive DUI?

A second excessive DUI in Idaho within five years is a felony and comes with even harsher penalties:

  • Jail Time: Up to 5 years in prison, with a mandatory minimum sentence of 30 days. For a third offense, the penalties escalate further.

  • Fines: Up to $5,000 for second and third offenses.

  • License Revocation: Your driver's license will be revoked for up to five years followed by an ignition interlock requirement.

  • Probation: Probation conditions become even more stringent for subsequent offenses, focusing on rehabilitation and monitoring.

  • Felony Conviction: Second and third offenses are classified as felonies, leading to a felony record with lasting repercussions.


Why Should I Hire a Lawyer?

It's been said that anyone who acts as their own lawyer has a fool for a client. This isn't to say that you aren' smart. But criminal law, especially DUI law, is complicated. The prosecutor went to law school and has years of experience prosecuting crimes. Unless you have the same legal training and experience, you're not going to outsmart or outmaneuver the prosecutor. Hiring an experienced DUI defense attorney like Cody Long of Long Law Office, PLLC is crucial for several reasons:

  • Legal Expertise: I have a deep understanding of Idaho DUI laws, procedures, and investigations as well as the judges and prosecutors you will be facing. I will use this expertise to navigate the legal complexities of your case.

  • Defense Strategy: I will work to build a solid strategy tailored to your unique circumstances, seeking the best possible outcome for your situation.

  • Reduced Penalties: With a skilled DUI attorney, you may be able to minimize the penalties you face or even have charges reduced or dismissed.

  • Protecting Your Rights: I will ensure that your rights are upheld throughout the legal process, protecting you from potential violations.

  • Peace of Mind: Having a dedicated advocate on your side can alleviate stress during a challenging time. I will walk you through the process step by step and will always be available to answer questions along the way.


Excessive DUIs in Idaho are grave offenses with severe consequences. If you or someone you know is facing an excessive DUI charge, it's imperative to seek legal representation from an experienced attorney. At Long Law Office, PLLC, I am committed to providing you with the guidance and advocacy you need to navigate the legal system successfully. Your future is at stake, and I'm here to help you protect it. Contact me today for a free consultation. Call or text (208) 287-3303.

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