¿Un DUI es Delito Menor o Delito Grave en Idaho?
A lot of people charged with drunk driving want to know one thing right away: is this a misdemeanor or a felony? In Idaho, most DUIs start as misdemeanors, but the charge can climb to a felony faster than people expect. Here is where the line sits.
Most DUIs are misdemeanors
A standard first or second DUI in Idaho is usually charged as a misdemeanor. That is still serious. A misdemeanor DUI can carry jail time, fines, a license suspension, and a permanent criminal record. But it is not a felony, and the long-term consequences are different.
When a DUI becomes a felony
A DUI in Idaho can be charged as a felony in several situations under Idaho Code § 18-8005 and related sections:
- A third DUI within ten years (§ 18-8005(6))
- Aggravated DUI causing great bodily harm, permanent disability, or permanent disfigurement (§ 18-8006)
- 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))
Once a DUI is a felony, the stakes change. Felony convictions carry the possibility of prison time and the loss of certain rights, and they follow you in ways a misdemeanor may not.
Why the misdemeanor vs felony line matters
The difference affects almost everything: the potential penalties, the long-term record, and the strategy for fighting the charge. A misdemeanor and a felony are handled differently in court, and the consequences of a conviction are not the same. For a deeper breakdown, see our post on misdemeanor vs felony in Idaho.
Do not assume a misdemeanor is no big deal
Even a first misdemeanor DUI can affect your job, your license, your insurance, and your record. Prosecutors do not treat these lightly, and you should not either. The earlier a lawyer is involved, the more options you usually have.
Browning Law defends misdemeanor and felony DUI charges in Idaho Falls and across Bonneville County. To talk through your situation, see our DUI lawyer in Idaho Falls page, or call (208) 542-2700 for a free consultation.
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.
Preguntas Frecuentes
Is a first DUI a misdemeanor in Idaho?
Yes, a first DUI in Idaho is generally a misdemeanor. It can still carry jail time, fines, a license suspension, and a permanent criminal record, so it should be taken seriously.
When does a DUI become a felony in Idaho?
Under Idaho Code § 18-8005(6), a third DUI within ten years is generally a felony. Aggravated DUI under § 18-8006, a second excessive DUI within five years under § 18-8004C, and a subsequent DUI after certain prior felony DUIs under § 18-8005(9) can also be felonies.
Is a second DUI a felony in Idaho?
A second DUI in Idaho is usually still a misdemeanor, though penalties increase. A third DUI within ten years is where it typically becomes a felony.
Why does it matter whether a DUI is a misdemeanor or felony?
The classification affects the potential penalties, the long-term effect on your record and rights, and how the case is handled in court. Felony convictions are far more serious.
Hable con Browning Law
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Llamar: (208) 542-2700
Correo: business@browninglawidaho.com
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