Aggravated DUI is an Idaho felony defined by the combination of an underlying DUI, a qualifying injury to someone other than the accused driver, and a causal connection between the DUI driving and that injury.
It is not limited to a driver with an alcohol concentration above 0.08. Idaho Code section 18-8006 incorporates DUI provisions that can involve alcohol, drugs, another intoxicating substance, a combination of substances, or a qualifying alcohol concentration.
What the State Must Prove
Under Idaho Code section 18-8006, the State must prove that the defendant:
- committed a DUI covered by Idaho Code section 18-8004(1)(a) or (1)(c);
- caused great bodily harm, permanent disability, or permanent disfigurement;
- caused that qualifying injury to a person other than the defendant; and
- had the required causal connection between the DUI driving and the injury.
The underlying DUI provision can be based on driving or being in actual physical control while under the influence, or on the alcohol-concentration language contained in the incorporated subsection. A drug-related allegation does not require an alcohol result. See our guides to drug DUI in Idaho and actual physical control.
The Injury Element
Not every collision or reported injury automatically establishes aggravated DUI. The prosecution must prove one of the statutory injury categories: great bodily harm, permanent disability, or permanent disfigurement.
That issue can depend on medical records, imaging, diagnosis, treatment, prognosis, scarring, functional limitations, and testimony about the nature and duration of the injury. Early descriptions at the scene may differ from later medical findings. The evidence must be reviewed rather than assuming that the word “injury” resolves the statutory element.
Idaho’s Causation Standard
Idaho appellate decisions describe the aggravated-DUI causation requirement as “some causal connection” between the defendant’s DUI driving and the other person’s qualifying injury. The State does not have to prove that the defendant was negligent or more than 50% responsible for the collision.
That does not eliminate causation as an element. It means comparative-fault percentages used in civil cases do not control the criminal charge. The evidence may still be examined for whether the required causal connection exists, including vehicle movement, impact sequence, scene evidence, witness accounts, event data, video, medical causation, and a claimed intervening event.
Current Idaho Aggravated DUI Penalties
| Consequence | Idaho Code section 18-8006 |
|---|---|
| Classification | Felony |
| Incarceration | Up to 15 years in the custody of the state board of correction |
| Mandatory county jail if no penitentiary sentence is imposed | At least 30 days, with the first 48 hours consecutive |
| Fine | Up to $5,000 |
| Driver’s license | Mandatory absolute suspension for at least one year and up to five years after release from imprisonment |
| Restitution | Ordered under Idaho’s restitution statutes |
The statute does not require a state-penitentiary sentence in every case. If the court imposes a sentence other than incarceration in the state penitentiary, however, section 18-8006 requires the county-jail minimum described above.
Separate ignition-interlock requirements can also affect driving after the suspension period. The exact judgment, ITD record, proof-of-installation date, and current statute should be reviewed together. See the guide to Idaho ignition-interlock requirements.
These are statutory limits and minimums, not a forecast of a particular sentence. The Idaho DUI penalties guide compares aggravated DUI with ordinary, repeat, excessive, and other DUI charges.
Other Proceedings Can Arise From the Same Incident
Immediate Driver’s-License Proceeding
A failed evidentiary test can start a separate administrative license suspension, even while the felony case is pending. An alleged refusal is handled through the separate implied-consent refusal proceeding. Each carries its own seven-day hearing deadline and uses a different decision-maker.
Leaving the Scene
Leaving an injury collision can be charged separately under Idaho Code section 18-8007. It is not merely an automatic increase to the aggravated-DUI sentence. The duties to stop, provide identifying information, and render reasonable assistance are separate legal issues.
Civil Injury Claim and Restitution
A criminal restitution order and a civil injury claim are different proceedings. Section 18-8006 also provides that evidence of an aggravated-DUI conviction is admissible in a civil damages action arising from the occurrence. Communications with an injured person, insurer, or other party can therefore affect more than one matter.
If the Collision Results in Death
A death can lead to a vehicular-manslaughter allegation under different statutes and penalty provisions. Our Idaho DUI manslaughter guide explains that separate charge.
Evidence That May Matter in an Aggravated DUI Case
The Underlying DUI Evidence
Depending on the allegation, review may include:
- the legal basis for the stop, detention, arrest, or warrant;
- body-camera, dash-camera, booking, and hospital video;
- field sobriety instructions, conditions, and observations;
- breath-instrument, operator, calibration, and sample records;
- blood-draw authority, collection procedure, chain of custody, storage, and laboratory data;
- toxicology and the relationship between a detected substance and alleged impairment;
- medical conditions, injuries, or treatment that may affect observations or testing; and
- statements attributed to the driver or witnesses.
Detailed testing resources are available in the guides to field sobriety tests, breath-test evidence, and blood-test evidence.
The Collision and Causation Evidence
Relevant material may include:
- scene photographs, measurements, road and weather conditions;
- 911, dispatch, and emergency-response records;
- traffic, business, residential, or vehicle-camera video;
- vehicle event-data, infotainment, telematics, and mechanical records;
- damage patterns and accident-reconstruction analysis;
- witness locations, visibility, and contemporaneous statements; and
- medical evidence connecting the collision to the claimed injury.
The Injury Evidence
The medical record should be evaluated for what injury was diagnosed, whether it is permanent, what treatment occurred, and whether the evidence supports the specific statutory category alleged. Privacy rules and court procedures affect how medical evidence is obtained and used.
A procedural deviation does not automatically exclude evidence or dismiss an aggravated-DUI charge. Its effect depends on the governing law and whether the State can establish another admissible foundation.
Defense and Sentencing Are Different Stages
A defense may address the underlying DUI, the injury element, causation, evidentiary foundation, constitutional issues, or whether the State has charged the proper offense. Those questions should be evaluated before assuming the case is only about punishment.
If a person is convicted or chooses to enter a plea, sentencing becomes a separate stage. Verified treatment, sobriety, employment, family obligations, physical or mental health, criminal history, acceptance of responsibility when appropriate, restitution information, and other individualized facts may be relevant. The seriousness of the injury, victim input, public safety, and the statutory purposes of sentencing also matter.
Voluntary action does not determine a particular outcome. If medical or substance-use treatment is needed, obtain appropriate care; for court purposes, verify that the provider and documentation satisfy the applicable requirements.
What to Do After an Injury Collision and DUI Arrest
- Keep every citation, warrant copy, test notice, release order, and court document.
- Identify and act on any failed-test or refusal hearing deadline; do not wait for the felony arraignment.
- Preserve the vehicle, photographs, video, phone or location records, receipts, medical information, and witness contacts without altering them.
- Do not authorize destruction or material alteration of potentially relevant vehicle or electronic evidence without obtaining advice.
- Do not post about the collision or contact an injured person or witness to argue responsibility.
- Follow every release, no-contact, testing, travel, and driving condition.
- Have the criminal, license, insurance, and potential civil issues reviewed together.
The Ada County DUI court-process guide explains the general stages from initial appearance through trial or sentencing. Felony procedure can differ from the misdemeanor path, so the actual charging and hearing documents control.
Frequently Asked Questions
Can aggravated DUI be charged with an alcohol concentration below 0.08?
Potentially, yes. Section 18-8006 is not limited to a 0.08 per se allegation. The incorporated DUI provision also covers driving under the influence of alcohol, drugs, another intoxicating substance, or a combination. The State must still prove the underlying DUI and every aggravated-injury element.
Does any injury make a DUI aggravated?
No. The statute specifies great bodily harm, permanent disability, or permanent disfigurement. Whether the evidence proves one of those categories is a case-specific question.
Does another person’s fault prevent an aggravated-DUI conviction?
Not automatically. Idaho appellate decisions say the State needs to prove some causal connection, not that the defendant was negligent or more than 50% responsible. Evidence of another cause matters only within the governing criminal causation rules.
Does every aggravated-DUI conviction require state prison?
No. The statute authorizes up to 15 years in state custody but does not require a penitentiary sentence in every case. If the court imposes a sentence other than incarceration in the state penitentiary, the statute requires at least 30 days in county jail, with the first 48 hours consecutive.
Can the injured person also bring a civil claim?
Yes. A civil claim and criminal restitution are separate, and section 18-8006 makes evidence of the conviction admissible in a civil action for damages arising from the occurrence.
Where can I review the related DUI topics?
The Idaho DUI Help Center organizes resources on testing, charges, license proceedings, court procedure, and special situations.
Get the Felony Charge and Evidence Reviewed
Aggravated DUI involves more than a test number. The underlying DUI, injury, causation, license proceeding, and collision evidence must be evaluated together. Contact Attorneys of Idaho for a confidential review of the charge and immediate deadlines.
This page provides general information, not legal or medical advice for a particular case. Statutes, procedures, and agency requirements can change.