Driving Under The Influence


Impaired Driving Crashes in Idaho, 2014

Impaired Driving Fatalities in Idaho, 2014

A victim of Driving Under the Influence (DUI) includes a victim that has suffered property damage, physical injury or death as a result of an impaired driver.  While most first think of an impaired driver as a “drunk driver”, the Idaho statute includes drivers that are impaired as a result of alcohol, drugs or any other intoxicating substances.

Idaho Code Sections for DUI & DUI Related Crimes

Driving Under the Influence: Under Idaho Code § 18-8004 (1) (a), it is unlawful for any person to operate a motor vehicle if he/she is under the influence of “alcohol (concentration of .08 or higher), drugs, or any other intoxicating substances…” Idaho Code § 18-8005, outlines all penalties for those persons who are found guilty or plead guilty to Driving Under the Influence. Penalties include a jail sentence not to exceed six months, fines, and driver’s license suspension.  A subsequent DUI convictions within 10 years doubles the potential penalties.  A third DUI within 10 years can constitute a felony conviction with up to 10 years prison, $5,000 fine and 5 year driver’s license suspension.  An excessive DUI (0.20 or higher) carries 2nd offense DUI penalties and a 2nd Excessive DUI within 5 years, can be charged as a felony and carries the Felony DUI penalties.

Aggravated DUI: Under Idaho Code § 18-8006 (1), a person who is under the influence, pursuant to Idaho Code § 18-8004 (l)(a) or (1) (c), and causes “great bodily harm, permanent disability or permanent disfigurement to any person other than himself.. .is guilty of a felony.”  The penalty for this offense includes a possible 15-year (maximum) prison sentence, $5,000 fine, 5 year driver’s license suspension and restitution.

Vehicular Manslaughter: Under Idaho Code § 18-4006 “Manslaughter is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, without malice.” (3) “Vehicular –in which the operation of a motor vehicle is a significant cause contributing to the death because of:  (b), the commission of a violation of section 18-8004 or 18-8006, Idaho Code”. The penalty for this offense includes a possible 15-year (maximum) prison sentence, $15,000 fine, indeterminate license suspension, restitution and potential for child support to surviving child(ren) of deceased.

What to do if you or a loved one is a victim of a DUI driver:

If you or your loved one become a victim of a DUI driver, you should begin keeping a file with all of the following:

  • Documentation such as photos of injury(ies) and property damage
  • Receipts, prescription costs and Explanation of Benefits (EOBs) from medical insurance and/or from car insurance
  • Estimates to repair damaged or destroyed property
  • A detailed list of all treatment visits, including mileage to and from medical appointments.  A treatment journal is helpful to recall this information at a later date for restitution purposes.  Be sure to detail what injuries were sustained, as the criminal justice system can take months to settle and this information is important for the judge to know at sentencing.
  • If you are interested in suing the DUI driver civilly, you will need to contact a civil attorney.  The handling prosecutor cannot provide you any advice on civil remedies.


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