What Is an Aggravated DUI Under Idaho Law?

Driving under the influence (DUI) in Idaho is a serious offense, but certain factors can elevate a standard DUI charge into something far more severe: an aggravated DUI. This designation isn't just about having a high blood alcohol concentration (BAC)—it involves additional circumstances that lead to enhanced charges, steeper penalties, and potentially long-term consequences.

In this article, we'll explore what constitutes an aggravated DUI in Idaho, how it differs from a typical DUI, the penalties involved, and what anyone facing such charges in Boise or elsewhere in the state should know.

The Legal Definition of Aggravated DUI in Idaho

Under Idaho Code § 18-8006, an aggravated DUI occurs when a person is found guilty of driving under the influence and their actions result in “great bodily harm, permanent disability, or permanent disfigurement” to another person. The impaired driving must be a direct cause of the injury for the charge to apply.

Key elements that elevate a DUI to an aggravated DUI include:

• Involvement in a crash while intoxicated

• Causing serious injuries to passengers, other drivers, or pedestrians

• Establishing a direct link between the intoxicated driving and the injuries sustained

This is distinctly different from a regular DUI, which may not involve any accident or injury.

Examples of Situations That Lead to Aggravated DUI Charges

1. Drunk Driving Accident: A driver under the influence runs a red light and crashes into another vehicle, causing a passenger in that car to suffer a broken spine.

2. Pedestrian Injury: A drunk driver veers onto a sidewalk and hits a pedestrian, leading to permanent disfigurement or disability.

3. Passenger Harm: A driver with a high BAC loses control of their car and crashes, seriously injuring a friend riding as a passenger.

In each case, the critical factor is that significant bodily harm resulted directly from the impaired driving.

Felony Classification and Legal Penalties

An aggravated DUI in Idaho is classified as a felony, even if it's the individual's first DUI offense. This sharply contrasts with standard DUIs, where the first and second offenses are typically misdemeanors unless other aggravating factors are involved.

Here are the key legal penalties for an aggravated DUI conviction in Idaho:

• Prison Sentence: Up to 15 years in state prison, at least 30 days of jail time if given probation

• Fines: Up to $5,000

• Driver's License Suspension: Minimum 1 year, max of 5, with possible additional restrictions upon reinstatement

• Mandatory Alcohol Evaluation and Treatment

• Restitution: Required payment for medical bills, lost wages, and other damages suffered by the injured party

• Felony Record: A conviction becomes part of your permanent criminal record

It's worth noting that the court has broad discretion when it comes to sentencing. Depending on the circumstances, a judge may impose less than the maximum sentence—but the presence of serious injury makes leniency less likely.

Long-Term Consequences of an Aggravated DUI

The penalties don't end once the court case is closed. An aggravated DUI conviction carries long-term consequences that can affect many areas of life:

• Employment: A felony on your record can disqualify you from many types of jobs, especially those involving driving, security, or working with vulnerable populations.

• Housing: Landlords and property managers may deny housing applications based on a felony conviction.

• Gun Ownership: Felony convictions generally result in the loss of the right to possess firearms.

• Reputation: Social and professional relationships can suffer due to the stigma attached to a felony DUI conviction.

• Travel Restrictions: Countries like Canada may bar entry to individuals with DUI-related felonies.

These impacts often outlast the court sentence and can hinder personal and professional growth for years.

Defenses and Legal Considerations

Defending against an aggravated DUI charge is complicated and fact-intensive. Possible legal strategies might include:

• Challenging causation: The prosecution must prove the impaired driving caused the injury. If there's a break in the causal chain—like another vehicle being at fault—that could alter the outcome.

• Questioning BAC results: As with any DUI, challenging the breath or blood test results may undermine the foundation of the DUI charge.

These defenses require a close analysis of the evidence, witness statements, and expert testimony.

How Does an Aggravated DUI Differ from an Excessive DUI?

An Excessive DUI in Idaho involves a BAC of 0.20% or higher, and it is a misdemeanor for first offenses. An Aggravated DUI, on the other hand, involves serious injury to another person, regardless of BAC level, and is always a felony.

While both are enhanced charges, an aggravated DUI is far more serious in terms of both penalties and long-term consequences.

Final Thoughts

An aggravated DUI in Idaho represents one of the most serious DUI-related charges you can face. It combines the elements of impaired driving with life-altering harm to another person—making it a top priority for law enforcement and prosecutors. The legal, financial, and personal fallout from such a conviction can follow you for years or even decades.

Whether you're trying to understand the law or you're navigating a difficult legal situation, awareness is key. The consequences of an aggravated DUI are steep, and the more informed you are, the better equipped you'll be to avoid costly mistakes—or begin the process of making things right. If you have been charged with an aggravated DUI, give us a call for a free consultation to see how we can help you navigate this process.