Is a DUI a Felony in Idaho? When DUI Charges Become Felonies

If you were just arrested for driving under the influence, one of the first things you want to know is how serious the charge really is. In Idaho, most DUIs are misdemeanors. But certain DUIs are charged as felonies, and the difference is significant. A felony can mean prison time instead of county jail, and a felony record follows you in ways a misdemeanor does not.

Here is how Idaho separates the two, and what to do if you are facing either one.

When a DUI is a misdemeanor in Idaho

A standard first-offense DUI in Idaho is generally a misdemeanor. A second DUI within ten years is usually still a misdemeanor under Idaho Code § 18-8005(5), though the penalties go up. A standard first DUI can carry up to six months in county jail under § 18-8005(4). Many first offenses result in probation, fines, alcohol education, and license consequences rather than the maximum jail time.

That does not mean a misdemeanor DUI is minor. It is still a criminal charge that can affect your license, your insurance, your job, and your record.

When a DUI becomes a felony in Idaho

A DUI is typically charged as a felony in Idaho in several situations:

• A third DUI within ten years (Idaho Code § 18-8005(6))
• Aggravated DUI causing great bodily harm, permanent disability, or permanent disfigurement (§ 18-8006), regardless of prior offenses
• A second excessive DUI within five years (§ 18-8004C)
• A subsequent DUI after a prior felony DUI or aggravated DUI within fifteen years (§ 18-8005(9))

In these cases, the exposure changes from county jail to potential prison time. The state treats repeat and injury cases as a priority, and prosecutors push hard on them.

Why the felony line matters so much

A felony conviction does more than increase the possible sentence. It can affect your right to own a firearm, your employment, and your future in ways a misdemeanor does not. Because the stakes are higher, felony DUI cases deserve a close look at every part of the case: the traffic stop, the field sobriety tests, the breath or blood testing, and how prior offenses are being counted.

Sometimes the prior convictions the state is relying on can be challenged. Sometimes the testing was flawed. Sometimes the injury element is not as clear as the state claims. These are the kinds of issues that can change a felony case.

What to do if you are charged

Do not assume the charge level is set in stone. Whether your DUI is a misdemeanor or a felony, the way the case is handled in the first weeks matters. There is also a separate license suspension process through the Idaho Transportation Department that runs on its own deadline, so timing is important.

Browning Law defends both misdemeanor and felony DUI cases in Idaho Falls and across Eastern Idaho. Allen Browning has tried 114+ cases to juries, including a unanimous acquittal on a felony DUI charge in 2021. If you want to understand what your charge means and what your options are, learn more on our DUI lawyer in Idaho Falls page or call (208) 542-2700 for a free consultation.

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This article provides general information about Idaho law as of 2026. It is not legal advice for any specific situation. Idaho Code §§ 18-8002, 18-8004, 18-8004C, 18-8005, and 18-8006 are referenced where applicable. Consult an attorney about your individual circumstances.