What Is an Excessive DUI in Idaho?

An excessive DUI in Idaho is a specific charge, not a nickname for a "bad DUI." Idaho Code 18-8004C covers driving with a blood alcohol concentration of 0.20 or higher. The penalties are heavier than a standard first DUI, and a second excessive offense within five years can become a felony.

This post is the Spanish-language companion to our English explainer, What Is an Excessive DUI in Idaho?. Families who need the court process explained in Spanish can read the Spanish version at the same slug under /es/blog. The legal rules are the same.

What the charge means

Idaho Code 18-8004C applies to a person who violates Idaho's DUI law with an alcohol concentration of 0.20 or more. Prosecutors still have to prove the impaired driving case. The excessive label turns on the alcohol concentration evidence.

A first excessive DUI is generally a misdemeanor. It still carries a mandatory minimum of 10 days in jail, with the first 48 hours consecutive, a fine of up to $2,000, and a one-year license suspension with no driving privileges during that suspension.

A second excessive DUI within five years is a felony under 18-8004C. That path is separate from Idaho's third-DUI-in-ten-years felony rule in 18-8005(6).

Why Spanish-speaking families need this spelled out

A DUI case in Idaho Falls moves in two tracks at once: the criminal case and the administrative license process through the Idaho Transportation Department. Missing the license-hearing window can cost driving privileges even if the criminal case is still open.

If English is not the language you use at home, do not rely on a quick translation of the citation in the jail lobby. The numbers on the ticket, the BAC, and the deadlines are the case.

What to do next

Keep the citation. Do not discuss the stop on social media. Ask for a lawyer before you give more than basic identifying information.

Browning Law defends DUI charges in Idaho Falls and across Eastern Idaho. Allen Browning has tried 114+ cases to juries, including a unanimous acquittal on a felony DUI in 2021. David Brown has handled DUI work as a defense lawyer and as a prosecutor in Eastern Idaho. Criminal defense uses a clear upfront fee arrangement. We do not offer payment plans. Free initial consultation.

Read the Spanish DUI page at Abogado de DUI en Idaho Falls, or call (208) 542-2700.

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This article provides general information about Idaho law as of 2026. It is not legal advice for any specific situation. Idaho Code sections referenced are cited where applicable. Consult an attorney about your individual circumstances.