Idaho Code
Idaho Code § 18-8004 (2026)
Persons under the influence of alcohol, drugs or any other intoxicating substances.
✓ current as of May 2026
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Persons under the influence of alcohol, drugs or any other intoxicating substances.
(1) (a) 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, as defined in subsection (4) of this section, or more, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.
(b) 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 0.04 or higher but less than 0.08, 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, whether upon a highway, street or bridge, or upon public or private property open to the public.
(c) 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, whether upon a highway, street or bridge, or upon public or private property open to the public.
(d) It is unlawful for any person under the age of twenty-one (21) years who has an alcohol concentration of at least 0.02 but less than 0.08, as defined in subsection (4) of this section, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public. Any person violating this subsection shall be subject to the penalties provided in section 18-8004A, Idaho Code.
(2) Any person having an alcohol concentration of less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, by a test requested by a police officer shall not be prosecuted for driving under the influence of alcohol, except as provided in subsection (3), subsection (1)(b) or subsection (1)(d) of this section. Any person who does not take a test to determine alcohol concentration or whose test result is determined by the court to be unreliable or inadmissible against him, may be prosecuted for driving or being in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or any other intoxicating substances, on other competent evidence.
(3) If the results of the test requested by a police officer show a person’s alcohol concentration of less than 0.08, as defined in subsection (4) of this section, such fact may be considered with other competent evidence of drug use other than alcohol in determining the guilt or innocence of the defendant.
(4) For purposes of this chapter, an evidentiary test for alcohol concentration shall be based upon a formula of grams of alcohol per one hundred (100) cubic centimeters of blood, per two hundred ten (210) liters of breath or sixty-seven (67) milliliters of urine. Analysis of blood, urine or breath for the purpose of determining the alcohol concentration shall be performed by a laboratory operated by the Idaho state police or by a laboratory approved by the Idaho state police under the provisions of approval and certification standards to be set by that department, or by any other method approved by the Idaho state police. Notwithstanding any other provision of law or rule of court, the results of any test for alcohol concentration and records relating to calibration, approval, certification or quality control performed by a laboratory operated or approved by the Idaho state police or by any other method approved by the Idaho state police shall be admissible in any proceeding in this state without the necessity of producing a witness to establish the reliability of the testing procedure for examination.
(5) "Actual physical control" as used in this section, shall be defined as being in the driver’s position of the motor vehicle with the motor running or with the motor vehicle moving.
(6) Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).
(7) The fact that any person charged with a violation of the provisions of this chapter involving being under the influence of any drug, or any combination of drugs with alcohol or any other intoxicating substance, is or has been entitled to use such drug under the laws of this state or of any other jurisdiction shall not constitute a defense against any charge of a violation of the provisions of this chapter.
Notes of Decisions
Cited in 874
cases (103 in the last 5 years), 1985–2026 · leading case: State v. Rhonda Trusdall, 318 P.3d 955 (Idaho Ct. App. 2014).
State v. Rhonda Trusdall, 318 P.3d 955 (Idaho Ct. App. 2014). “The State appeals from the district court’s appellate decision vacating Rhonda Lee Trusdall’s conditional guilty plea to misdemeanor driving under the influence (DUI), Idaho Code § 18-8004 , and transportation of an alcoholic beverage, I.”
State v. Ferreira, 988 P.2d 700 (Idaho Ct. App. 1999). “Fourth Amendment Ferreira contends that the Fourth Amendment requires probable cause to believe a driver is operating his or her vehicle in violation of I.C. § 18-8004 before field sobriety tests can be administered.”
State v. Gary L. Schall, 337 P.3d 647 (Idaho 2014). “Idaho Code section 18-8004 prohibits driving under the influence of alcohol, drugs, or any other intoxicating substances.”
State v. Brant Lee Eversole, 371 P.3d 293 (Idaho 2016). “As mentioned above, Idaho’s implied consent statute provides: Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for concentration of alcohol as defined in section 18-8004,…”
State v. Barnes, 987 P.2d 290 (Idaho 1999). “That on/or about February 16, 1997, the defendant, Carolyn Barnes, was issued a citation for a violation of I.C. § 18-8004, Driving Under the Influence of Alcohol, by Officer Gerry Wykoff, of the Fremont County Sheriffs Office.”
Reisenauer v. State, Dep't of Transp., 188 P.3d 890 (Idaho 2008). “Idaho Code § 18-8004 (1)(a) states: 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.”
State v. Moore, 231 P.3d 532 (Idaho Ct. App. 2010). “FACTS AND PROCEDURE On September 3, 2006, Moore was arrested for DUI, Idaho Code § 18-8004 , and for driving without privileges (DWP), I.”
Wheeler v. Idaho Transp. Dep't, 223 P.3d 761 (Idaho Ct. App. 2009). “Those grounds include: (a) The peace officer did not have legal cause to stop the person; or (b) The officer did not have legal cause to believe the person had been driving or was in actual physical control of a vehicle while under the influence of alcohol, drugs or other…”
State v. Kentsler Lee Jones, 375 P.3d 279 (Idaho 2016). “Under section 18-8004C(2) a driver who violates “the provisions of section 18-8004, Idaho Code” and “has an alcohol concentration of 0.”
Wood v. ITD, 532 P.3d 404 (Idaho 2023). “Wood was cited for driving under the influence of alcohol (“DUI”) in violation of Idaho Code section 18-8004 and was given a notice that his driving privileges would be suspended for 90 days for failing evidentiary BAC testing.”
State v. Reichenberg, 915 P.2d 14 (Idaho 1996). “FACTS AND PROCEDURAL BACKGROUND On December 20, 1994, Reichenberg was arrested by a Nampa City Police Officer on a DUI charge pursuant to I.C. § 18-8004. At the request of the arresting officer, Reichenberg took a breath alcohol test which showed that her blood alcohol…”
State v. Woolf, 813 P.2d 360 (Idaho Ct. App. 1991). “Idaho Code 18-8004." The pertinent part of that statute reads: 18-8004.”
— Idaho Code § 18-8004(1) — 27 cases
State v. Jeske, 436 P.3d 683 (Idaho 2019).
Matter of Griffiths, 744 P.2d 92 (Idaho 1987).
State v. Gary L. Schall, 337 P.3d 647 (Idaho 2014). “Idaho Code section 18-8004 prohibits driving under the influence of alcohol, drugs, or any other intoxicating substances.”
State v. Carr, 911 P.2d 774 (Idaho Ct. App. 1995).
State v. Howell, 832 P.2d 1144 (Idaho Ct. App. 1992).
— Idaho Code § 18-8004(1)(1) — 2 cases
State v. Olsen (Idaho 2022).
State v. Olsen, 508 P.3d 1250 (Idaho 2022).
— Idaho Code § 18-8004(1)(a) — 56 cases
State v. Brant Lee Eversole, 371 P.3d 293 (Idaho 2016). “As mentioned above, Idaho’s implied consent statute provides: Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for concentration of alcohol as defined in section 18-8004,…”
State v. Robinett, 106 P.3d 436 (Idaho 2005).
State v. Hedges, 154 P.3d 1074 (Idaho Ct. App. 2007).
State v. Buehler, 547 P.3d 1203 (Idaho 2024).
Reisenauer v. State, Dep't of Transp., 188 P.3d 890 (Idaho 2008). “Idaho Code § 18-8004 (1)(a) states: 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.”
— Idaho Code § 18-8004(1)(c) — 1 case
State v. Bell, 533 P.3d 1247 (Idaho 2023).
— Idaho Code § 18-8004(1)(d) — 3 cases
State v. Connery (Idaho Ct. App. 2022).
State v. Roberts, 561 P.3d 470 (Idaho 2024).
Roberts v. Teton Cnty. (Idaho Ct. App. 2021).
— Idaho Code § 18-8004(2) — 15 cases
State v. Daniel, 979 P.2d 103 (Idaho 1999).
State v. Mills, 913 P.2d 1196 (Idaho Ct. App. 1996).
State v. Anderson, 175 P.3d 788 (Idaho 2008).
State v. Tupis, 735 P.2d 1078 (Idaho Ct. App. 1987).
State v. Schmoll, 172 P.3d 555 (Idaho Ct. App. 2007).
— Idaho Code § 18-8004(3) — 2 cases
State v. Lesley, 981 P.2d 748 (Idaho Ct. App. 1999).
State v. Mills, 913 P.2d 1196 (Idaho Ct. App. 1996).
— Idaho Code § 18-8004(4) — 95 cases
Wood v. ITD, 532 P.3d 404 (Idaho 2023). “Wood was cited for driving under the influence of alcohol (“DUI”) in violation of Idaho Code section 18-8004 and was given a notice that his driving privileges would be suspended for 90 days for failing evidentiary BAC testing.”
Wheeler v. Idaho Transp. Dep't, 223 P.3d 761 (Idaho Ct. App. 2009). “Those grounds include: (a) The peace officer did not have legal cause to stop the person; or (b) The officer did not have legal cause to believe the person had been driving or was in actual physical control of a vehicle while under the influence of alcohol, drugs or other…”
State v. Kentsler Lee Jones, 375 P.3d 279 (Idaho 2016). “Under section 18-8004C(2) a driver who violates “the provisions of section 18-8004, Idaho Code” and “has an alcohol concentration of 0.”
State v. Clapp, 510 P.3d 667 (Idaho 2022).
State v. Felicity Kathleen Haynes, 355 P.3d 1266 (Idaho 2015).
— Idaho Code § 18-8004(5) — 9 cases
State v. Brant Lee Eversole, 371 P.3d 293 (Idaho 2016). “As mentioned above, Idaho’s implied consent statute provides: Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for concentration of alcohol as defined in section 18-8004,…”
State v. Lesley, 981 P.2d 748 (Idaho Ct. App. 1999).
State v. Adams, 127 P.3d 208 (Idaho Ct. App. 2005).
Feasel v. Idaho Transp. Dep't, 222 P.3d 480 (Idaho Ct. App. 2009).
State v. Goerig, 822 P.2d 1005 (Idaho Ct. App. 1991).
— Idaho Code § 18-8004(6) — 3 cases
State v. Woolf, 813 P.2d 360 (Idaho Ct. App. 1991). “Idaho Code 18-8004." The pertinent part of that statute reads: 18-8004.”
State v. Smith, 822 P.2d 539 (Idaho Ct. App. 1991).
State v. Cheney, 782 P.2d 40 (Idaho Ct. App. 1989).
— Idaho Code § 18-8004(7) — 1 case
Feasel v. Idaho Transp. Dep't, 222 P.3d 480 (Idaho Ct. App. 2009).
— Idaho Code § 18-8004(9) — 1 case
State v. Amy L. Shoemaker (Idaho Ct. App. 2017).
— Idaho Code § 18-8004(C) — 1 case
Cynthia Dawn Salinas v. State (Idaho Ct. App. 2014).
— Idaho Code § 18-8004(F) — 1 case
State v. McAtty (Idaho Ct. App. 2019).
— Idaho Code § 18-8004(a) — 1 case
State v. Roy Roland Araiza, Sr. (Idaho Ct. App. 2015).
— Idaho Code § 18-8004(a)(1) — 2 cases
State v. Geirrod Detloph Stark, 333 P.3d 844 (Idaho Ct. App. 2013).
State of Idaho v. Robert Anderson (Idaho Ct. App. 2007).
— Idaho Code § 18-8004(a)(l) — 1 case
State v. Victoria Bea Morin, 349 P.3d 1213 (Idaho Ct. App. 2015).
— Idaho Code § 18-8004(l)(a) — 43 cases
State v. Anderson, 175 P.3d 788 (Idaho 2008).
State v. Gary L. Schall, 337 P.3d 647 (Idaho 2014). “Idaho Code section 18-8004 prohibits driving under the influence of alcohol, drugs, or any other intoxicating substances.”
State v. Barnes, 987 P.2d 290 (Idaho 1999). “That on/or about February 16, 1997, the defendant, Carolyn Barnes, was issued a citation for a violation of I.C. § 18-8004, Driving Under the Influence of Alcohol, by Officer Gerry Wykoff, of the Fremont County Sheriffs Office.”
State v. Wade Allen Tomlinson, 357 P.3d 238 (Idaho Ct. App. 2015).
State v. Brant Lee Eversole, 371 P.3d 293 (Idaho 2016). “As mentioned above, Idaho’s implied consent statute provides: Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for concentration of alcohol as defined in section 18-8004,…”
— Idaho Code § 18-8004(l)(b) — 1 case
State v. Mills, 913 P.2d 1196 (Idaho Ct. App. 1996).
— Idaho Code § 18-8004(l)(d) — 1 case
Bowman v. Idaho Transp. Dep't, 25 P.3d 866 (Idaho Ct. App. 2001).
— Idaho Code § 18-8004(l)(g) — 1 case
Bowman v. Idaho Transp. Dep't, 25 P.3d 866 (Idaho Ct. App. 2001).
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