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The classification of a DUI charge—whether it’s a misdemeanor or a felony—plays a major role in the severity of penalties a person might face. In Idaho, DUI offenses are not all treated the same way. While many DUI charges begin as misdemeanors, certain circumstances can elevate a DUI to a felony, carrying much more serious consequences.
Understanding how Idaho determines whether a DUI is charged as a misdemeanor or felony is important for anyone trying to grasp the legal landscape of impaired driving in the state. The answer depends on multiple factors, including prior offenses, blood alcohol content (BAC), and whether the DUI caused injury or property damage.
This article outlines the key differences between misdemeanor and felony DUI classifications in Idaho, explains when a DUI crosses into felony territory, and explores how state laws affect the penalties and legal process.
Most First and Second DUIs in Idaho Are Misdemeanors
In Idaho, first and second DUI offenses within a ten-year period are generally charged as misdemeanors. These cases still carry serious penalties but are handled at the misdemeanor level unless aggravating circumstances apply.
Here’s how Idaho classifies and penalizes misdemeanor DUIs:
- First DUI (within 10 years):
- Classified as a misdemeanor
- Minimum 2 days in jail, maximum 6 months
- Up to $1,000 in fines
- 90–180 day license suspension
- Possible ignition interlock requirement
- Second DUI (within 10 years):
- Also a misdemeanor, but with mandatory minimum sentencing
- 10 days to 1 year in jail
- Up to $2,000 in fines
- 1-year license suspension
- Mandatory ignition interlock device
Even though these are misdemeanor charges, Idaho law imposes tough penalties, especially for second offenses. However, the offender is still tried in a misdemeanor court, and the long-term consequences—while significant—are not as severe as those associated with a felony.
A Third DUI Within Ten Years Becomes a Felony in Idaho
A DUI offense is elevated to a felony in Idaho if it is the driver’s third DUI within a ten-year period. This reflects the state’s commitment to deterring repeat offenses and protecting public safety.
Felony DUI consequences in Idaho include:
- Mandatory prison time: Up to 5 years, with a minimum of 30 days in jail
- Fines up to $5,000
- Driver’s license suspension: 1 to 5 years, often with no driving allowed during part of that time
- Felony criminal record
- Probation and mandatory alcohol treatment
- Ignition interlock device requirement upon license reinstatement
The transition from misdemeanor to felony is automatic when a person has two prior DUI convictions in the last decade. Prosecutors must prove the prior offenses in court, usually through certified court records and driving history documentation.
Once convicted, a felony DUI carries lifelong consequences, including loss of certain civil rights, difficulty obtaining employment, and long-term insurance and financial impacts.
Other Scenarios Where a DUI Becomes a Felony in Idaho
Even if it’s not a third DUI, some circumstances can lead to a felony DUI charge in Idaho based on the nature of the offense. These are often called aggravated DUI situations.
Examples of felony-triggering factors include:
- Causing serious injury or death while driving under the influence
- Driving under the influence with a child in the vehicle (in some cases, especially if harm occurs)
- Prior felony DUI conviction, regardless of the ten-year lookback period
- Fleeing law enforcement or committing additional offenses during the DUI event
These types of cases are treated with extreme seriousness. Causing bodily harm or being involved in a DUI-related crash can lead to additional criminal charges such as vehicular assault, child endangerment, or manslaughter, depending on the outcome.
In these cases, Idaho prosecutors are likely to file felony charges from the outset, and courts often impose stricter sentences even if it’s the driver’s first DUI offense.
Differences in Penalties Between Misdemeanor and Felony DUIs
The differences between misdemeanor and felony DUI penalties in Idaho are more than just legal classifications—they shape the entire outcome of the case, including incarceration, fines, and long-term consequences.
Misdemeanor DUI:
- Jail time typically served in county jail
- Lower fines and shorter license suspensions
- Easier to expunge or seal in some cases (though still difficult)
- Generally allows for probation instead of incarceration
Felony DUI:
- Jail time may be served in state prison
- Higher fines and longer license suspensions
- Permanent felony criminal record
- Loss of civil rights such as voting and firearm ownership
- Difficult or impossible to expunge
Because a felony conviction stays on a person’s record indefinitely and affects multiple areas of life, Idaho law draws a sharp distinction between misdemeanor and felony DUI cases, particularly when assessing risk to public safety.
How Idaho’s DUI Laws Determine Classification
Idaho’s DUI classification system relies on both statutory rules and case-specific details. The basic framework uses the number of prior offenses within ten years to guide misdemeanor or felony status, but additional factors can push a case into more serious territory.
Factors Idaho considers when determining classification:
- Number of prior DUI convictions within 10 years
- BAC level at time of arrest
- Presence of minors in the vehicle
- Accident involvement or injury to others
- Refusal to take a chemical test
- Driving history, including prior suspensions or related offenses
Each DUI case in Idaho is reviewed individually by prosecutors and judges. Even misdemeanor charges can carry harsh penalties if aggravating factors are present.
FAQ: DUI Classification in Idaho
Is every DUI in Idaho a felony?
No. Most first and second DUIs are misdemeanors. A third DUI within 10 years or certain aggravated circumstances will result in a felony.
How does Idaho define a felony DUI?
A DUI is a felony if it’s the third offense within 10 years, or if the incident causes serious injury or death. Prior felony DUI convictions also elevate future DUIs.
Does a high BAC make it a felony?
Not by itself. A BAC of 0.20% or higher results in enhanced misdemeanor penalties, but not a felony unless other factors are present.
Can you go to prison for a misdemeanor DUI in Idaho?
No, jail time for misdemeanor DUIs is served in county jail, not state prison. Only felony DUIs can result in prison sentences.
Will a felony DUI stay on your record permanently?
Yes. A felony conviction remains on your criminal record for life, and it cannot easily be sealed or expunged.
What if someone gets a DUI in another state—does it count?
Yes. Idaho may consider out-of-state DUI convictions when determining whether a DUI qualifies as a repeat offense.
Can a DUI charge be reduced to avoid a felony?
Possibly. Prosecutors may allow plea deals, especially if there’s uncertainty about prior convictions or aggravating details—but this is case-specific.
Conclusion
In Idaho, the classification of a DUI as a misdemeanor or felony depends on the number of prior offenses and the circumstances of the arrest. Most first and second offenses are misdemeanors, but a third DUI within ten years or incidents involving serious injury or death are charged as felonies. The consequences of a felony DUI are severe and long-lasting, often involving prison time and permanent criminal records. Idaho’s laws are structured to deter repeat offenses and protect public safety by escalating penalties based on the seriousness of the situation.
To learn how Idaho’s DUI laws work across different situations, visit the state-by-state DUI laws page. For more detail on how the state’s laws affect penalties and classifications, explore the how state DUI laws affect arrests and penalties guide.