# Idaho Code § 18-8004: 18-8004 PERSONS UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES > Idaho · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8004 ## Section - **Citation:** Idaho Code § 18-8004 - **Heading:** 18-8004 PERSONS UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES - **Jurisdiction:** Idaho - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Idaho Code / Title 18 / Chapter 80 / Section 18-8004 ## Text 18-8004. 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. ence 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. History: [18-8004, added 1984, ch. 22, sec. 2, p. 29; am. 1985, ch. 142, sec. 1, p. 386; am. 1987, ch. 122, sec. 2, p. 249; am. 1988, ch. 47, sec. 4, p. 64; am. 1989, ch. 88, sec. 61, p. 201; am. 1990, ch. 45, sec. 44, p. 113; am. 1994, ch. 422, sec. 1, p. 1322; am. 1997, ch. 158, sec. 1, p. 458; am. 1997, ch. 307, sec. 1, p. 911; am. 1998, ch. 70, sec. 1, p. 264; am. 2000, ch. 469, sec. 28, p. 1487; am. 2002, ch. 253, sec. 1, p. 729.] ## Nearby sections - [Idaho Code § 18-8001 18-8001 DRIVING WITHOUT PRIVILEGES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8001.md) - [Idaho Code § 18-8002 18-8002 TESTS OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR OTHER INTOXICATING SUBSTANCES — PENALTY AND SUSPENSION UPON REFUSAL OF TESTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8002.md) - [Idaho Code § 18-8002A 18-8002A TESTS OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR OTHER INTOXICATING SUBSTANCES — SUSPENSION UPON FAILURE OF TESTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8002A.md) - [Idaho Code § 18-8003 18-8003 PERSONS AUTHORIZED TO WITHDRAW BLOOD FOR THE PURPOSES OF DETERMINING CONTENT OF ALCOHOL OR OTHER INTOXICATING SUBSTANCES AND RESTITUTION ORDERS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8003.md) - [Idaho Code § 18-8004 18-8004 PERSONS UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8004.md) - [Idaho Code § 18-8004A 18-8004A PENALTIES — PERSONS UNDER 21 WITH LESS THAN 0.08 ALCOHOL CONCENTRATION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8004A.md) - [Idaho Code § 18-8004C 18-8004C EXCESSIVE ALCOHOL CONCENTRATION — PENALTIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8004C.md) - [Idaho Code § 18-8005 18-8005 PENALTIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8005.md) - [Idaho Code § 18-8006 18-8006 AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8006.md) - [Idaho Code § 18-8006A 18-8006A AGGRAVATED DRIVING WHILE RECKLESS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8006A.md) - [Idaho Code § 18-8007 18-8007 LEAVING SCENE OF ACCIDENT RESULTING IN INJURY OR DEATH.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8007.md) - [Idaho Code § 18-8008 18-8008 IGNITION INTERLOCK SYSTEMS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8008.md) - [Idaho Code § 18-8008A 18-8008A ELECTRONIC MONITORING DEVICES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8008A.md) - [Idaho Code § 18-8009 18-8009 IGNITION INTERLOCKS — ASSISTING ANOTHER IN STARTING OR OPERATING — PENALTY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8009.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C80_S18-8004. 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