Reviewed and updated October 9, 2026 by the SearchSystems.net editorial team. The arrest counts are the ones each agency reported to the FBI, as the FBI held them on October 8, 2026. The jail figures are from the Vera Institute of Justice's Incarceration Trends data. Every office link was opened and checked against the office's own site between September 24, 2026 and October 2, 2026.
Emmett, Idaho, in Gem County, has about 8,800 residents (2024 Census Bureau estimate). A DUI arrest in Emmett starts two cases, a criminal case in the Magistrate Division and a license case before the Idaho Transportation Department, and leaves three records. This guide follows the arrest from the roadside to the court file and the driving record.
This guide covers the law, the arrest, booking, the court case, the license case, the records and common questions.
Related guides: Emmett public records, Gem County DUI, Emmett arrest records, Emmett warrants, Emmett inmate search, Emmett criminal records, Idaho arrest records and Idaho inmate search.
The DUI Law in Idaho
In Idaho the offense is DUI, and the limit is 0.08.
Driving in Idaho is consent to a breath or blood test when an officer has cause to suspect DUI; the license case that follows a refusal or a failed test is run by the Idaho Transportation Department, separately from the criminal case.
Who Makes DUI Arrests in Emmett
The Gem County Sheriff's Office and the agency that reports for Emmett (filed by the FBI as Emmett Police Department) make the DUI arrests in and around Emmett.
Together, the two agencies in Gem County with all twelve months of 2025 on file reported 353 arrests to the FBI that year, all offenses together; the FBI's count for Gem County does not break DUI out.
Booking After a DUI Arrest in Emmett
A driver arrested for DUI and kept in custody goes to the county jail, whichever agency made the arrest. The jail, run by the Gem County Sheriff's Office, held about 28 people on an average day in 2019 by the Vera Institute of Justice's count and has a jail page SearchSystems verified at gemcounty.org/departments_offices/county_sheriff/index.php, phone (208) 365-3521. The Emmett inmate search guide covers the jail in full.
The Court Case
The Prosecuting Attorney files the charge, and the case is heard in the Magistrate Division.
The Prosecuting Attorney's page SearchSystems verified is at gemcounty.org/prosecutor, phone (208) 365-2106.
The court records page SearchSystems verified for the county is at gemcounty.org/departments_offices/court_(magistrate-district)/index..., phone (208) 365-4221. That page belongs to a lower court, the Magistrate Division, not to the Gem County District Court.
Statewide, iCourt Portal is the Idaho courts' free statewide case search.
The License Case
A DUI arrest starts two cases: the criminal one above and an administrative one over the license, run by the Idaho Transportation Department. The driving record, kept by the Idaho Transportation Department Division of Motor Vehicles, carries the result of both.
The Records a DUI Leaves
- The arrest report: from the agency that made the arrest, under the Idaho Public Records Act.
- The court file: from the Magistrate Division, kept by the Clerk of the District Court.
- The driving record: from the Idaho Transportation Department Division of Motor Vehicles.
More on each: Emmett arrest records, Emmett police reports and Emmett court records.
Frequently Asked Questions
What is the DUI limit in Idaho?
0.08 percent blood alcohol.
Where is a DUI case from Emmett heard?
In the Magistrate Division, brought by the Prosecuting Attorney. The court records page SearchSystems verified for the county is at gemcounty.org.
Where is a person arrested for DUI in Emmett held?
At the county jail, run by the Gem County Sheriff's Office, if kept in custody.
Who handles the license after a DUI arrest in Idaho?
The Idaho Transportation Department, in an administrative case separate from the court case.
Is this the official Emmett website?
No. SearchSystems.net is an independent public records guide, online since 1997. It links to the official city, county, court and state offices described above and does not hold records, charge for them or take requests.