When you get pulled over for drinking and driving in Idaho, there are four scenarios in which it could be a felony. Most are for repeat convictions. A drunk driving felony is of the following four types, with applicable sentences noted:
- When a person is convicted of Excessive DUI (in which the BAC of the driver is 0.20 or above) a second time within 5 years – In this case, there is a 1 to 5 year license suspension; up to a $5000 fine; and up to 5 years in prison, with a mandatory minimum of 30 days.
- When a person is convicted of a standard DUI a third time within 10 years – In this case, there is again a 1 to 5 year license suspension, maximum $5000 fine, and mandatory-minimum 30 days. However, prison time is up to 10 years.
- When a person is convicted of DUI a fourth time within 15 years – The sentencing parameters match that for the third conviction.
- When a person is convicted of Aggravated DUI (in which the driver severely injures another person) – A single conviction of this type of DUI matches the sentencing guidelines for the above felony DUI types for mandatory minimum, fine, and driving suspension. However, prison time can be up to 15 years.
How Many DUI are a Felony in Idaho?
In Idaho, if you have had two prior DUI convictions in the past 10 years, and you get a third, the third charge will be amended to a felony. If you had a prior excessive DUI in the past 5 years, and you get another excessive DUI, the second excessive DUI will be a felony. If you have had a prior felony DUI in the past 15 years and you get another DUI, the second DUI within 15 years of the felony will be charged as another felony DUI.