Is a DUI a Felony in Idaho?

In Idaho, a DUI (Driving Under the Influence) charge can be either a misdemeanor or a felony depending on the circumstances. For most first-time DUI arrests, the charge is a misdemeanor offense. This means the crime is serious but not categorized as a felony under Idaho law. However, certain factors — like prior DUI convictions, a second excessive DUI conviction, or accidents causing injuries — can elevate a DUI to a felony charge. Understanding the line between a misdemeanor and a felony DUI in Idaho is crucial, since felony charges carry much harsher consequences.

Misdemeanor DUI Charges in Idaho (1st and 2nd Offense)

Most DUIs are misdemeanors if you have one or even two offenses. Idaho Code § 18-8005 defines the penalties for DUI convictions, and a first DUI conviction is punishable by up to 6 months in jail, monetary fines, and a driver’s license suspension followed by a one-year ignition interlock device requirement. In other words, a typical first-offense DUI is a misdemeanor, not a felony. Even as a misdemeanor, it can still lead to significant penalties such as jail time, fines, and loss of driving privileges.

If you get a second DUI within 10 years of the first, it is still a misdemeanor in Idaho — but the penalties increase. Idaho law “doubles” the possible jail time and fines for a repeat DUI within ten years. This means a second offense can result in up to 1 year in jail (with a minimum of 10 days in custody) and higher fines compared to a first offense. Your driver’s license will also be suspended for a longer period.

Both first and second DUI convictions are misdemeanors under Idaho law. They will go on your criminal record but are not felonies. However, if you continue to reoffend or certain aggravating factors are present, Idaho law will treat the DUI much more severely.

When Does a DUI Become a Felony in Idaho?

A DUI turns into a felony offense in Idaho only in specific situations defined by state law. Generally, there are three main scenarios where a DUI is charged as a felony:

Third DUI Within 10 Years (Felony DUI)

If you have two prior DUI convictions in the past ten years, a third DUI arrest will be charged as a felony in Idaho. Idaho law imposes severe penalties for a third DUI conviction. You could face up to 10 years in state prison, a hefty fine up to $5,000, and a lengthy driver’s license suspension of at least 1 year and up to 5 years.

Being convicted of a felony DUI has other long-term consequences beyond the immediate prison time and fines. A felony is a serious criminal record that can limit your civil rights (for example, felons in Idaho lose the right to vote and possess firearms while incarcerated or on supervision) and make it much harder to find employment or housing.

“Excessive DUI” — High BAC Offenses (Felony on Second Offense)

Idaho law has special provisions for drivers caught with an extremely high blood alcohol concentration (BAC). If your BAC is 0.20% or higher, Idaho considers this an “Excessive DUI.” A first-time excessive DUI is still charged as a misdemeanor, but it carries harsher penalties than a normal first DUI (including a mandatory minimum jail term of 10 days). More importantly, if you get another DUI at 0.20% BAC or above within 5 years, that second excessive BAC offense will be charged as a felony.

In summary, the first excessive-BAC DUI is a misdemeanor (with elevated penalties), but a second excessive DUI within five years is a felony under Idaho Code § 18-8004C. As a felony, a second excessive DUI can lead to up to 5 years in prison, a fine up to $5,000, and a long license suspension (1 to 5 years).

Keep in mind that even a first excessive DUI (misdemeanor) already has stricter punishment than a normal DUI — for example, a first excessive DUI conviction requires at least 10 days in jail and up to 1 year jail possible, along with higher fines (up to $2,000) and a one-year license suspension.

Aggravated DUI — DUI Resulting in Serious Injury (Felony)

Another way a DUI becomes a felony is when someone is seriously injured because of an intoxicated driver. Idaho’s Aggravated DUI law applies if you commit a DUI and cause “great bodily harm, permanent disability or permanent disfigurement” to another person. Under Idaho Code § 18-8006, an Aggravated DUI conviction carries very severe penalties — up to 15 years in prison, fines up to $5,000, and a mandatory driver’s license suspension for 5 years after release.

DUI Causing Death — Vehicular Manslaughter (Felony)

If a DUI incident results in a death, Idaho law can charge the driver with vehicular manslaughter, which is a felony. A conviction for vehicular manslaughter (DUI causing death) is punishable by up to 15 years in prison and fines up to $15,000, along with an indeterminate license suspension. In short, if a DUI leads to a fatality in Idaho, it will be charged as a felony.

Consequences of a Felony DUI Conviction

Facing any DUI charge is serious, but a felony DUI charge is truly life-altering. If convicted of a felony DUI in Idaho, you are likely to spend time in state prison and pay large fines. You will also lose your driver’s license for a long time.

Beyond the court-imposed penalties, having a felony on your record comes with collateral consequences. You may lose certain civil rights while incarcerated, such as the right to vote or own firearms. A felony conviction can also make it difficult to obtain employment, professional licenses, or housing. Insurance costs will skyrocket, and you could even face civil lawsuits seeking damages that far exceed the criminal fines.

In contrast, a misdemeanor DUI — while not trivial — carries lighter penalties and is generally easier to move forward from than a felony.

Bottom line: A DUI is not automatically a felony in Idaho — first and second offenses are usually misdemeanors. However, a third offense, a repeat high-BAC offense, or a DUI involving serious injury or death will be charged as a felony under Idaho law.

Get Legal Help After a DUI Arrest in Idaho

If you or a loved one is arrested for DUI in Idaho — especially if it’s potentially a felony DUI — it’s critical to seek legal guidance right away.