Idaho

Implied Consent Laws

Drugs

18-8002 - Learn More
Any person who drives a motor vehicle or is in actual physical control of a motor vehicle in Idaho is deemed to have given consent to evidentiary testing to determine concentration of alcohol or other intoxicants, so long as the peace officer making the request for testing has reasonable grounds to believe that the person has been driving or in actual physical control of a vehicle while under the influence of such substances.
"Evidentiary testing” shall mean a procedure or test or series of tests. A person arrested for DUI is not free to pick the type of evidentiary test she will be given initially when requested to submit to a test by an officer. Rather, the choice of evidentiary tests for determining blood alcohol concentration is within the arresting officer's discretion.

Blood

18-8002 - Learn More
Blood is included as one of the evidentiary tests a peace officer may request when there are reasonable grounds to believe the person is driving under the influence. Idaho Code 18-8003 Learn More places limitations on who is qualified to perform the blood withdrawal.

Urine

18-8002 - Learn More
A driver may also be requested to submit to evidentiary testing of his or her urine for the purpose of determining the presence of drugs or other intoxicating substances if the peace officer has reasonable grounds to believe the person is driving under the influence.

Oral Fluids

Oral fluids are not included as one of the evidentiary tests a peace officer is empowered to order under Idaho Code 18-8002.

Other

Blood, breath or urine are the only testing methods specifically listed in 18-8002 and 18-8002A.

DUI Statutes

Drugs

18-8004 - Learn More
It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.08 or higher, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a commercial motor vehicle within this state…

Combined/Multiple Substance

18-8004 - Learn More
…" or any combination of alcohol, drugs and/or any other intoxicating substances"

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

18-8002 - Learn More
Civil penalty of $250; license suspension of 1 year (first refusal) or 2 years (second refusal); mandatory ignition interlock installation for 1 year after license suspension

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

18-8002 - Learn More
Driver has the right to request a hearing within seven (7) days to show cause why he refused to submit to or complete evidentiary testing.

Criminal Trial

It is an open question whether a refusal can be used as evidence in a criminal trial – commenting on a person’s refusal to submit to a blood draw to infer guilt is likely a constitutional violation, whereas commenting on person’s refusal to submit to a breath test is probably not a constitutional violation. See State v. Jeske, 164 Idaho 862 (2019).

ALR Laws

Cannabis

18-8002A - Learn More
Same as alcohol or other drugs

Length/Time of Restriction

18-8002A - Learn More
First offense: 30-day hard suspension of license followed by 60 – 150 days suspension unless defendant requests and court grants hardship license
Second offense (w/in 10 years): One-year hard suspension of license
Third or subsequent offense (w/in 10 years): One-year hard suspension of license and up to an additional 4 years (may request a hardship license)

Hardship License Available

Yes
See 18-8002 A(9)- Learn More

Random Drug Testing or Ignition Interlock Requirements

Cannabis

18-8002 - Learn More
Same as alcohol: required for test refusal or conviction, typically for one year following license suspension

Other Drugs

18-8002 - Learn More
Same as alcohol: required for test refusal or conviction, typically for one year following license suspension

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

§ 37-2732 - Learn More
Cannabis is illegal in Idaho regardless of age.

Cannabis Per Se Statute

No statute
The State is not required to establish quantity of drugs in defendant’s system in prosecution for driving under influence of intoxicating substances. See State v. Lesley, 133 Idaho 23 (Ct.App.1999)

Threshold

None

Nanogram Limit

None

DUI Standards

Yes. See 18-8004 - Learn More

Provisions for Screening Cannabis/Assessment/Education/Treatment

No
Alcohol-specific. See 18-8005 - Learn More

Additional Penalties

No enhanced penalties

Cannabis Impaired Driving Penalties

18-8005 - Learn More
First offense: May be sentenced to jail up to 6 months; may be fined up to $1,000; shall have 30-day hard suspension of license followed by 60 – 150 days suspension unless defendant requests and court grants hardship license; shall install an interlock for one year.
Second offense (w/in 10 years): Shall be sentenced to jail 10 days and up to one year; may be fined up to $2,000; shall have one-year hard suspension of license; shall install an interlock for one year following suspension.
Third or subsequent offense (w/in 10 years): Shall be sentenced to the custody of the state board of correction up to 10 years; shall be sentenced to the county jail not less than 30 days; shall be guilty of a felony; may be fined up to $5,000; shall have one-year hard suspension of license and up to an additional 4 years (may request a hardship license); shall only drive vehicles with an interlock device.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

Yes
…" or any combination of alcohol, drugs and/or any other intoxicating substances." See 18-8004 - Learn More

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No enhanced penalties

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

18-1501 - Learn More
A person over the age of eighteen (18) years commits the crime of injury to a child if the person transports a minor in a motor vehicle…while under the influence of alcohol, intoxicating liquor, a controlled substance, or any combination thereof…Any person convicted of violating this subsection is guilty of a misdemeanor. If a child suffers bodily injury or death due to a violation of this subsection, the violation will constitute a felony punishable by imprisonment for not more than ten (10) years, unless a more severe penalty is otherwise prescribed by law.

Statutes with THC Listed as Delta 8, 9, 10, or 11

Idaho Statutes Title 37. Food, Drugs, and Oil -Learn More
This law outlines where Tetrahydrocannabinols are classified in the drug code.

Electronic Warrant Program

Statewide

No

By Locality

No

Law Enforcement Phlebotomy Program

Yes
Idaho Code 18-8003 places limitations on who is qualified to withdraw blood in DUI cases.

Oral Fluid

For Drug Detection

Not currently

Roadside - Not Evidential

No

Evidential

Not currently

Roadside and Evidential

Not currently

Minimum Legal Age for Cannabis Consumption

None

Underage Cannabis Laws and Penalties

Underage Possession

37-2732 - Learn More
Same statute as for adults

Underage Consumption

37-2732 - Learn More
Same statute as for adults

Underage Purchase

37-2732 - Learn More
Same statute as for adults

Underage Attempt to Purchase

37-2732 - Learn More
Same statute as for adults

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

None

Other

None

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

Alcohol only - not specific to cannabis or other drugs. See 23-808 - Learn More

Drugs

Alcohol only - not specific to cannabis or other drugs. See 23-808 - Learn More

Penalties for Retailers Who Knowingly Sell to People Under 21

Cannabis is not legal to sell.

Other

No Data Available