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What Are the Consequences of an Underage DUI in Idaho?

Posted by Ryan Black | May 13, 2025 | 0 Comments

What Are the Consequences of an Underage DUI in Idaho?

In Idaho, the laws governing driving under the influence (DUI) are strict for all drivers—but they are especially harsh when it comes to underage drivers. If you're under the age of 21 and caught with any detectable amount of alcohol in your system while operating a vehicle, you may face immediate and long-term consequences that impact not only your ability to drive, but your academic and professional future as well.

This post explores what constitutes an underage DUI in Idaho, the penalties involved, and how it differs from standard DUI laws applied to adults. Understanding these distinctions is crucial for Idaho residents, particularly parents, young drivers, and students in the Boise area.

underage dui consequences

Idaho's Zero Tolerance Law for Underage Drivers

Idaho enforces a zero tolerance policy for underage drinking and driving. This means drivers under the age of 21 can be charged with a DUI if their blood alcohol concentration (BAC) is 0.02% or higher. In contrast, the legal limit for adults is 0.08%.

This lower threshold reflects the state's effort to deter underage drinking and driving altogether, not just impairment at higher levels.


How Is an Underage DUI Detected?

Underage DUIs are usually the result of:

  • Routine traffic stops for erratic driving

  • Minor crashes or fender-benders

  • Reports from third parties (other drivers, pedestrians, or concerned citizens)

If a law enforcement officer suspects a driver is underage and has consumed alcohol, they may conduct field sobriety tests and administer a preliminary breath test (PBT). If the results suggest a BAC over 0.02%, the driver can be arrested and required to take an evidentiary breath or blood test at the station.


Penalties for an Underage DUI in Idaho

Penalties for an underage DUI are serious and can have a lasting impact, even for a first offense. Here's how they typically break down:

First Offense

  • Fines: Up to $1,000

  • License Suspension: Minimum of 1 year (absolute for the first 90 days, after which a restricted permit may be requested)

  • Alcohol Evaluation: Mandatory alcohol use assessment and, if recommended, completion of a treatment or education program

  • Probation: Possible supervised or unsupervised probation

  • Community Service: May be ordered by the court as a term of probation

  • Ignition Interlock Device (IID): Required for license reinstatement in most cases

Second Offense (Within 5 Years)

  • Jail Time: Minimum of 5 days, up to 30 days

  • Fines: Up to $2,000

  • License Suspension: Up to 2 years, minimum 1 year absolute with no restricted permit

  • Mandatory Alcohol Program: Substance abuse counseling or alcohol education

  • Ignition Interlock: Required for reinstatement of driving privileges

These penalties are not just punitive—they're designed to push offenders toward recognizing the risks and taking steps to avoid future offenses.


Additional Consequences of an Underage DUI

The statutory penalties are only part of the equation. Underage DUI charges carry collateral consequences that can affect a young person's life in significant ways:

  • Academic Sanctions: College and university students may face school disciplinary action, including suspension, expulsion, or loss of scholarships.

  • Insurance Rate Increases: Auto insurance rates for young drivers are already high, and a DUI can result in dramatic premium spikes or cancellation.

  • Employment Issues: A criminal record can make it difficult to secure internships, part-time jobs, or professional licensing.

  • Loss of Driving Independence: A suspended license can make it harder to attend school, work, or participate in extracurricular activities.

  • Travel Restrictions: Some countries (including Canada) may bar entry to individuals with DUI convictions, even for minor offenses.

In short, the ripple effects of an underage DUI conviction can reach far beyond the courtroom.


Can an Underage DUI Be Expunged?

Idaho law does allow for certain juvenile or first-time misdemeanor records to be sealed or expunged, but this process is not automatic. Eligibility depends on the severity of the charge, the individual's age at the time of the offense, and whether all court orders were satisfied. For adult offenders under 21, expungement is more limited, and only available after completion of probation and 5 years have passed.

Even if the record is not expunged, the person may petition the court to have the case reduced or to request withheld judgment, which may help mitigate future impacts.


How an Underage DUI Differs from a Standard DUI

While both types of charges are serious, there are key differences:

Factor Underage DUI Standard DUI (21+)

BAC Threshold

0.02%

0.08%

License Suspension (1st)

1 year

90–180 days

Jail Time (1st Offense)

None, rarely can get community service

Possible (up to 6 months)

Impact on Minor's Record

Potential for sealing if under 18

Public criminal record

Mandatory Alcohol Program

Required

Required 


Final Thoughts

Idaho's zero-tolerance approach to underage DUI reflects the state's commitment to reducing impaired driving and keeping young drivers—and those around them—safe. For those under 21, even a small amount of alcohol can result in a DUI charge that follows them for years.

For young drivers and their families in Boise, awareness and education are key. The best defense is always prevention: understanding the law, knowing the risks, and making informed, responsible choices. And if a mistake does happen, it's crucial to respond with a clear understanding of what the process involves and how to begin moving forward. Give us a call if you or a family member need help with an underage DUI in Boise.

About the Author

Ryan Black

Attorney, Partner

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