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Underage Drunk Driving in Idaho

Drinking and driving before the age of 21 is not tolerated in Idaho. The same elements apply as in a regular DUI. Both the first and second DUI offenses by a minor are misdemeanors (meaning that an offender cannot be sentenced to more than one year in jail).

(1) The minor is in “actual, physical control of a motor vehicle” (ie: that you are in the driver seat with the keys in the ignition or you are actually driving the car).

(2) While the minor is in “actual, physical control of a vehicle” they are under the influence of drugs, alcohol, or any other intoxicating substance. In the case of alcohol the minor may not have a BAC higher that a .02.

(3) Any minor who satisfies both (1) and (2) automatically gives consent to be tested for the presence of drugs and alcohol.

If these three elements are met then a minor will be arrested for a DUI, and if convicted the minor will face these penalties.

For violating the DUI laws for the first time while under 21 the following penalties will apply.

(1) The minor must pay a fine up to, but no more than, $1,000.00.

(2) The minor will receive a license suspension for one year and in the first 90 days of that year the suspension will be absolute with no exceptions for school or work. After that first 90 days then the minor may attempt to show the court that driving is necessary and limited driving privileges should be allowed.

(3) The minor will be informed of the penalties for a second DUI in writing.

(3) Will have to go to a alcohol evaluation.

The main difference from a DUI where the offender is above the legal drinking age is that there is no jail time with an individual under 21.

This is not true for the second offense. For a second time offender under the age of 21 the penalties are as follows:

(1) the minor will go to jail for anywhere from five to thirty days

(2) the minor will receive a fine anywhere from $500.00 but no more than $2,000.00

(3) the minor will lose their driving privileges for no more that two years. One of those years should be absolute with no exceptions for school or work.

(4) an ignition interlocking system must be placed on every car that the offender drives at their expense. (this will require a breathalyzer to start the car)

(5) the minor will be advised of the penalties in writing.


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