Aggravated DUI in Idaho: Penalties and What to Expect

Aggravated DUI in Idaho is a felony. It is charged when impaired driving is tied to serious physical harm to another person under Idaho Code § 18-8006. That is a different track from a standard DUI, and it is different from a repeat-offender felony based only on prior convictions.

If you or someone close to you is facing this charge, the stakes are immediate: possible prison time, a hard license hit, and a felony record.

What Idaho Code § 18-8006 requires

Aggravated DUI applies when a person causes great bodily harm, permanent disability, or permanent disfigurement to another person while violating Idaho Code § 18-8004(1)(a) or (1)(c).

In practical terms, prosecutors are tying together:

1. An impaired driving violation under the cited DUI provisions, and
2. Serious injury consequences to someone else

Both pieces matter. Injury alone does not automatically prove the DUI element. A DUI allegation alone does not automatically prove the injury element the statute requires.

Penalties for aggravated DUI in Idaho

Under § 18-8006, aggravated DUI is a felony with exposure that can include:

• Imprisonment for up to 15 years
• A mandatory minimum of 30 days in jail if the court does not impose a penitentiary sentence
• A fine of up to $5,000
• A driver's license suspension of one to five years after release, with no privileges during that suspension

Courts can still consider the full case facts, but the statute sets a serious floor and ceiling. This is not treated like a routine misdemeanor DUI.

What to expect in the early stages

Aggravated DUI cases often move on two fronts at once: the criminal case and the license process. Injury evidence, crash reconstruction, medical records, and toxicology all become central.

Expect:

• Felony charging paperwork and higher bond stakes
• Detailed accident and medical discovery
• Scrutiny of the stop, arrest, and testing
• Victim-impact evidence from the state
• Long-term consequences beyond jail or prison if convicted

Do not discuss the crash details on social media. Do not contact injured parties. Talk to a lawyer first.

Defense issues that often matter

Every case is different, but common pressure points include:

• Whether the impairment element can be proven
• Whether the injury meets the statutory threshold
• Causation disputes (what actually caused the harm)
• Testing and chain-of-custody problems
• Constitutional issues with the stop or search

No attorney can promise a result. Early investigation still changes what options exist.

Get serious help early

Browning Law defends DUI and felony criminal cases in Idaho Falls and across Eastern Idaho. Allen Browning has tried 114+ cases to juries, including a unanimous felony DUI acquittal in 2021. Criminal defense uses transparent upfront fee arrangements. We do not offer payment plans. Free initial consultation.

If you are facing aggravated DUI, read our DUI lawyer in Idaho Falls page or call (208) 542-2700.

---

This article provides general information about Idaho law as of 2026. It is not legal advice for any specific situation. Idaho Code sections referenced are cited where applicable. Consult an attorney about your individual circumstances.