Is a DUI a Felony or a Misdemeanor in Idaho? Understanding the Difference

One of the most common questions people ask after a DUI arrest in Idaho is whether they're facing a misdemeanor or a felony. The answer matters—a lot. The difference between these two classifications can significantly affect your criminal record, your job, your civil rights, and even your freedom.

In this post, we'll break down Idaho's DUI laws and explain what makes a DUI a misdemeanor versus a felony. We'll also walk through how prior offenses, injury-related crashes, and other factors can elevate a DUI to a felony—and what that means for you.

What Is a Misdemeanor DUI in Idaho?

Under Idaho Code § 18-8004, most first-time DUI charges are classified as misdemeanors. A misdemeanor DUI means that the offense, while serious, is not considered a felony crime under Idaho law. However, misdemeanor charges can still carry significant penalties.

Misdemeanor DUI Penalties (First Offense):

• Jail time: Up to 6 months

• Fines: Up to $1,000

• License suspension: At least 90 days (mandatory 30-day no-driving period)

• Alcohol evaluation and treatment

• Ignition interlock device 

• Misdemeanor criminal record

The court may also order probation and community service. While these penalties may seem manageable, a misdemeanor DUI conviction remains on your criminal record for at least five years before you can be eligible for expungement—and could be used against you in future cases.

Second Misdemeanor DUI: What Changes?

If you are arrested for a second DUI offense within ten years of the first, the charge is still a misdemeanor, but the penalties increase significantly.

Second DUI Penalties (Within 10 Years):

• Jail time: Minimum 10 days, up to 1 year

• Fines: Up to $2,000

• License suspension: 1 year mandatory (no restricted license)

• Alcohol evaluation and treatment

• Ignition interlock device: Required upon reinstatement of license

• Probation: Usually required, often supervised

A second DUI offense signals a pattern of behavior to both the court and prosecutors, which means less leniency and closer supervision.

When Does a DUI Become a Felony in Idaho?

A DUI becomes a felony under Idaho law in three main situations:

1. Third DUI Within 10 Years

If you are convicted of a third DUI offense within ten years, it becomes a felony under Idaho Code § 18-8005(5).

Penalties:

• Prison: Up to 10 years (minimum 30 days in jail)

• Fines: Up to $5,000

• License suspension: Up to 5 years

• Ignition interlock device

• Permanent felony record

Felony DUI carries serious consequences. In addition to incarceration and fines, you may lose civil rights like the right to vote or possess firearms. A felony record can also severely limit job and housing opportunities.

2. Second Excessive DUI Within 5 Years

According to Idaho Code § 18-8004C, a second excessive DUI charge within 5 years of the first is classified as a felony. Penalties for a second excessive DUI felony conviction include:

• Prison: Up to 5 years, (minimum of 30 days in jail)

• Fines: Up to $5,000.

• License suspension: Up to 5 years

• Ignition interlock device

• Permanent felony record

3. DUI with Serious Bodily Injury (Aggravated DUI)

If you cause a crash while driving under the influence that results in serious bodily injury to another person, you can be charged with aggravated DUI, which is also a felony under Idaho Code § 18-8006.

Penalties:

• Prison: Up to 15 years

• Fines: Up to $5,000

• License suspension: 1–5 years

• Restitution to victims

These cases are aggressively prosecuted and can carry long-term consequences, both legally and financially.

4. Vehicular Manslaughter While DUI

If someone dies as a result of a DUI-related crash, you may be charged with vehicular manslaughter under Idaho Code § 18-4006(3)(b).

Penalties:

• Felony conviction

• Prison: 1 to 15 years (with possible enhancement for repeat offenders)

• Driver's license revocation: 5 years minimum

• Significant fines and restitution

This is one of the most severe DUI-related charges and may also result in civil lawsuits for wrongful death.

Other Factors That Can Influence Punishment

• BAC of 0.20% or higher: This qualifies as Excessive DUI, which increases penalties even on a first offense, though it remains a misdemeanor unless paired with other aggravating factors.

• Driving with a minor in the car: Courts may impose harsher penalties, and prosecutors may seek enhanced charges like Injury to Child or sentencing.

• Refusing BAC testing: Idaho's implied consent laws mandate a 1-year license suspension and may complicate your defense.

How a Felony DUI Changes Your Life

A felony DUI in Idaho isn't just a longer sentence—it reshapes your future:

• Felony criminal record: Shows up on background checks forever

• Civil rights loss: Including firearm ownership and voting (restoration possible but not guaranteed)

• Travel restrictions: Felons may be denied entry to certain countries

• Professional consequences: Loss of professional licenses or employment in regulated industries

Because of these severe consequences, it's essential to understand how quickly a DUI charge can escalate from a misdemeanor to a felony.

Conclusion: Know Where You Stand

In Idaho, a DUI can be either a misdemeanor or a felony, depending on the number of prior offenses, whether injuries occurred, and how serious the incident was. While a first-time DUI may seem like a “minor” offense, it sets the stage for more serious charges if history repeats itself.

Don't assume you're out of the woods just because your BAC was under 0.20%, or no one was hurt. Idaho's DUI laws are layered, and penalties grow quickly with each repeat offense or aggravating factor.

Understanding the difference between misdemeanor and felony DUI is the first step to making smarter choices—and protecting your future.