Is a DUI a felony in Idaho?
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On a third inside ten years — and again for fifteen years after. Two prior convictions within ten years make the third a felony carrying up to ten years. If the court does not send you to the penitentiary it must still impose at least 30 days in county jail, the first 48 hours consecutive and ten days actually served. And the consequence outlasts the window: once you have a felony DUI, any further violation within fifteen years is sentenced as a felony again.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in ID — and the paperwork will use none of them. Idaho charges it under a section number, and that is what decides the range below.
Grade. Felony
Confinement. Up to 10 years; 30 days minimum if not sent to prison
Fine. Set by the felony range
Idaho Statutes § 18-8005 · Idaho Code § 18-8005(6)(a), (9) · checked 2026-09-04
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A previous felony DUI | Fifteen years, not ten | The ordinary window for counting priors is ten years. Once one of those convictions was itself a felony, the window for the next one stretches to fifteen — and the new offense is sentenced under the felony subsection whatever else is true about it. Idaho Statutes § 18-8005 · Idaho Code § 18-8005(9) · checked 2026-09-04 |
The device is a separate track
Idaho separates the administrative side from the court case: the Transportation Department handles the license suspension, the reinstatement fee and the restricted driving permit, while the court sets the sentence. The interlock belongs to the administrative track — it is what makes a restricted permit possible while the suspension runs.
In Idaho the interlock term runs Length of suspension and is administered by Idaho Transportation Department, with the court setting the sentence — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: Idaho Transportation Department, with the court setting the sentence
Idaho DUI questions
Is a DUI a felony in Idaho?
On a third inside ten years — and again for fifteen years after. Two prior convictions within ten years make the third a felony carrying up to ten years. If the court does not send you to the penitentiary it must still impose at least 30 days in county jail, the first 48 hours consecutive and ten days actually served. And the consequence outlasts the window: once you have a felony DUI, any further violation within fifteen years is sentenced as a felony again. A previous felony DUI: fifteen years, not ten.
What does a 3rd DUI in Idaho carry?
Felony: up to 10 years; 30 days minimum if not sent to prison, and a fine of set by the felony range. The range is set by Idaho Code § 18-8005(6)(a), (9), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Idaho?
A previous felony DUI — fifteen years, not ten.
Does an interlock come with it in Idaho?
Idaho separates the administrative side from the court case: the Transportation Department handles the license suspension, the reinstatement fee and the restricted driving permit, while the court sets the sentence. The interlock belongs to the administrative track — it is what makes a restricted permit possible while the suspension runs. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Idaho Transportation Department, with the court setting the sentence.
Other steps in Idaho: second offense penalties and first offense penalties.
All Idaho DUI rules →Penalties across the states →Idaho DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.