Driving Under the Influence of Marijuana in Idaho

Driving under the influence of marijuana, alcohol, or a combination is a crime in Idaho. A driver is under the influence when the drug, alcohol, or combination impairs the person’s ability to operate a vehicle in a safe manner. (Idaho Code Ann. § 18-8004(1)(a).)

This article explains the penalties imposed for DUI violations, but other laws regarding marijuana possession may also apply to passengers and drivers.

For detailed information on marijuana laws in general in Idaho, including possession and sale, see Idaho Marijuana Laws.

Penalties for Driving Under the Influence

Penalties for driving under the influence in Idaho vary according to whether it’s a first or subsequent conviction.

First conviction. Penalties include up to six months in jail, a fine of up to $1,000, or both. The judge will also suspend the offender’s driver’s license for up to 180 days. Suspension will begin upon the offender’s release from jail. (Idaho Code Ann. § 18-8005(1).)

Second conviction within ten years of a previous conviction. Penalties include between ten days and one year in jail, a fine of up to $2,000, or both. The judge may also order that the offender install an ignition interlock device in the offender’s vehicle. (Idaho Code Ann. § 18-8005(4).)

Third conviction within ten years of two prior convictions. Penalties include a mandatory minimum of 30 days in jail (and up to five years in prison), a fine of up to $5,000, or both. The judge will also order the offender’s driver’s license suspended for a mandatory minimum of one year (and up to five years), and may also order an ignition interlock device for a period after license suspension. (Idaho Code Ann. § 18-8005(1).)

Implied Consent to Sobriety Testing

Someone who drives a vehicle in Idaho is considered to have consented to drug or alcohol sobriety testing by a police officer. Refusing to submit to such a test may incur a $250 fine, and license suspension for up to one year (or up to two years for a second refusal). Drivers have no right to consult an attorney before such testing.(Idaho Code Ann. § 18-8002(1),(3),&(4).)

An Important Note on Local Legal Representation

If you have been charged with a marijuana-related driving offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.