What Happens If You're Involved in an Accident While Driving Under the Influence in Idaho?

A DUI arrest is serious on its own. But when you're involved in an accident while allegedly under the influence of drugs or alcohol, the stakes rise dramatically. In Idaho, a DUI-related accident—whether it results in property damage, injuries, or fatalities—can lead to far more severe criminal charges, steeper penalties, and long-term consequences.

This post explains what happens legally and procedurally when a DUI results in an accident in Boise or anywhere else in Idaho. We'll cover how charges escalate, what to expect from law enforcement, the legal consequences, and what rights and responsibilities you have moving forward.

DUI + Accident = Enhanced Legal Exposure

Under Idaho Code § 18-8004, it's illegal to operate a motor vehicle under the influence of alcohol, drugs, or any intoxicating substance. That includes having a BAC of 0.08% or higher—or being impaired regardless of BAC. When a DUI results in an accident, prosecutors may pursue additional or enhanced charges depending on the outcome of the crash.

Here are the most common legal escalations:

1. DUI with Property Damage

• Still charged as a misdemeanor

• May be used as evidence of impaired driving

• Civil liability for damage to other vehicles or property

• Higher insurance premiums and financial restitution

2. DUI with Bodily Injury (Aggravated DUI)

• Charged under Idaho Code § 18-8006

• Elevated to a felony

• Occurs when the DUI results in “great bodily harm, permanent disability, or permanent disfigurement” to another person

• Penalties include:

  • Up to 15 years in prison

  • Up to $5,000 in fines

  • Mandatory driver's license suspension

  • Restitution to victims

3. DUI with a Fatality (Vehicular Manslaughter)

• Felony charge

• Prosecuted under Idaho Code § 18-4006(3)(b)

• If convicted, penalties include:

  • Mandatory minimum 1 year sentence, up to 15 years in prison

  • Loss of driver's license for up to 5 years

  • Significant fines and victim restitution

• In cases involving gross negligence or repeat DUI offenses, sentences may be enhanced

What Happens at the Scene?

If you're involved in an accident and police suspect DUI, several things will happen quickly:

• Officers will investigate the cause of the crash.

• If you show signs of impairment, you'll likely be asked to perform field sobriety tests or submit to a breathalyzer.

• If anyone is injured or killed, officers may skip roadside testing and take you directly to a hospital for a blood test.

• Your vehicle will likely be impounded.

• You may be arrested at the scene or after receiving medical treatment.

In serious crashes, police often call drug recognition evaluators (DREs) and accident reconstruction specialists to help determine what happened and whether impairment was a factor.

Legal and Civil Consequences

Criminal Case

You'll face criminal charges for DUI, and potentially additional charges for aggravated DUI, vehicular manslaughter, or reckless driving. These cases are often prosecuted aggressively, especially when victims are involved.

Expect:

• Arraignment within one business day

• Bail or pretrial release with conditions

• Mandatory court appearances

• Evidence collection (including witness statements, crash data, toxicology)

License Suspension

If your BAC was 0.08% or higher, or if you refused testing, you'll face an automatic administrative license suspension—even if you're not yet convicted. That's separate from any criminal license penalties handed down by the court.

Civil Lawsuits

If another person was injured or killed, you may face a personal injury or wrongful death lawsuit. These civil cases can seek compensation for:

• Medical bills

• Lost income

• Pain and suffering

• Funeral costs

Even if you avoid a criminal conviction, you can still be held financially liable in civil court, where the burden of proof is lower.

Insurance Impact

Your car insurance rates will spike—or you may lose coverage altogether. If your insurer pays out claims for damages or injuries, they may seek reimbursement from you. Future insurers may require SR-22 coverage, which is significantly more expensive and required for high-risk drivers.

Steps to Take Immediately After a DUI-Related Accident

1. Do Not Leave the Scene – Hit-and-run charges add a whole new level of severity.

2. Comply With Law Enforcement – Resisting can worsen the situation, but you do not have to speak to police. Generally it is best to invoke your right to an attorney rather than giving a statement.

3. Request Medical Attention – For yourself and others, even if injuries seem minor.

4. Do Not Make Statements – Avoid discussing the accident or your condition until you have legal counsel.

5. Document Everything – As soon as possible, write down your version of events, including time, location, weather, and any witnesses.

Long-Term Implications

A DUI-related accident can change your life in ways that go far beyond jail time or fines:

• Employment challenges: Especially in industries involving driving, security, or public trust.

• Housing and loans: Felony convictions may limit access to financial assistance or rentals.

• Family strain: The emotional and financial burden can affect loved ones and relationships.

• Mental health: Guilt, stress, and the social stigma of a DUI accident can have lasting psychological effects.

Final Thoughts

A DUI-related accident in Idaho is a legal emergency with high stakes. Whether it results in property damage or tragic loss of life, the law doesn't hold back—and neither will prosecutors. Understanding the consequences is essential, but so is knowing that your actions immediately following the accident will shape the outcome.

If you're involved in a DUI crash, prioritize safety, follow the law, and take the situation seriously. The road ahead will be difficult—but informed, responsible choices today can make a meaningful difference in the outcome tomorrow.