Idaho Code
Idaho Code § 18-8006 (2026)
Aggravated driving while under the influence of alcohol, drugs or any other intoxicating substances.
✓ current as of May 2026
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Aggravated driving while under the influence of alcohol, drugs or any other intoxicating substances.
(1) Any person causing great bodily harm, permanent disability or permanent disfigurement to any person other than himself in committing a violation of the provisions of section 18-8004(1)(a) or (1)(c), Idaho Code, is guilty of a felony, and upon conviction:
(a) Shall be sentenced to the state board of correction for not to exceed fifteen (15) years, provided that notwithstanding the provisions of section 19-2601, Idaho Code, should the court impose any sentence other than incarceration in the state penitentiary, the defendant shall be sentenced to the county jail for a mandatory minimum period of not less than thirty (30) days, the first forty-eight (48) hours of which must be consecutive; and further provided that notwithstanding the provisions of section 18-111, Idaho Code, a conviction under this section shall be deemed a felony;
(b) May be fined an amount not to exceed five thousand dollars ($5,000);
(c) Shall surrender his driver’s license or permit to the court; and
(d) Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment, and may have his driving privileges suspended by the court for not to exceed five (5) years after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind; and
(e) Shall be ordered by the court to pay restitution in accordance with chapter 53, title 19, Idaho Code.
(2) At the time of sentencing, the court shall inform the defendant that a second or subsequent offense of driving while under the influence of alcohol, drugs, or any other intoxicating substances that results in death may be considered vehicular manslaughter and may result in stricter punishment, including a mandatory fixed term of imprisonment of at least five (5) years for a second offense and a mandatory fixed term of imprisonment of at least ten (10) years for a third or subsequent offense, as provided in section 18-4007(3)(b)(ii) and (iii), Idaho Code. Failure by the court to inform the defendant of such information shall not prohibit the imposition of a mandatory fixed term of imprisonment, and proof of knowledge of the mandatory fixed term of imprisonment shall not be required for such term to be imposed.
(3) Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).
Notes of Decisions
Cited in 77
cases (11 in the last 5 years), 1985–2026 · leading case: State v. Buehler, 547 P.3d 1203 (Idaho 2024).
State v. Buehler, 547 P.3d 1203 (Idaho 2024). “In its written decision, the district court noted that the plain language of Idaho Code section 18-8006 only requires that the State establish some causal connection between Buehler’s driving while under the influence and Hanson’s injuries.”
State v. Nelson, 807 P.2d 1282 (Idaho Ct. App. 1991). “gues that (1) an essential element of the offense of aggravated driving must be proof by the state beyond a reasonable doubt that the intoxicated condition of the defendant was the legal cause of the victim’s great bodily injury, and that this element was not proved in his case;…”
State v. Robinett, 106 P.3d 436 (Idaho 2005). “The offense is defined in I.C. § 18-8006 as follows: Any person causing great bodily harm, permanent disability or permanent disfigurement to any person other than himself in committing a violation of the provisions of section 18-8004(1)(a) or (1)(c), Idaho Code, is guilty of a…”
State v. Johnson, 894 P.2d 125 (Idaho 1995). “Idaho Code § 18-8006 also does not require proof of any negligence on the part of defendant.”
State v. DeWitt, 184 P.3d 215 (Idaho Ct. App. 2008). “ual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for concentration of alcohol as defined in section 18-8004, Idaho Code, and to have given his consent to evidentiary testing for the presence of drugs or other…”
Miller v. Idaho State Patrol, 252 P.3d 1274 (Idaho 2011). “physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for concentration of alcohol as defined in section 18-8004, Idaho Code, and to have given his consent to evidentiary testing for the presence of drugs or other…”
Leocal v. Ashcroft, 543 U.S. 1 (2004). “§ 40-6-394 (Lexis 2004); Idaho Code § 18-8006 (1) (Lexis 2004); Ill.”
Zamora v. State, 846 P.2d 194 (Idaho 1993). “[1] John Zamora, as a seventeen year old attending high school, on the verge of reaching the age of eighteen, was charged by the State of Idaho of violating I.C. § 18-8006 (aggravated DUI) and I.C. § 18-8007 (leaving the scene of an injury causing accident) under a petition…”
State v. Kirk Murray Charlson, 377 P.3d 1073 (Idaho 2016). “It provides that "[a]ny person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for concentration of alcohol as defined in section 18-8004, Idaho Code, and to have given his consent to…”
State v. Rosencrantz, 946 P.2d 628 (Idaho 1997). “The appellant, Brian Keith Rosencrantz (Rosencrantz), was convicted of two counts of aggravated driving while under the influence of alcohol pursuant to I.C. § 18-8006. Ro-senerantz argues on review from the Idaho Court of Appeals that the district judge committed reversible…”
State v. Micah Abraham Wulff, 337 P.3d 575 (Idaho 2014). “ho Code, and to have given his consent to evidentiary testing for the presence of drags or other intoxicating substances, provided that such testing is administered at the request of a peace officer having reasonable grounds to believe that person has been driving or in actual…”
State v. Kyle Nicholas Rios, 371 P.3d 316 (Idaho 2016). “18-8004, Idaho Code, or section 18-8006, Idaho Code. 3 . The State argues there was insufficient evidence on the record to prove whether Rios refused to sign the consent form because the unsigned consent form was not included in the record.”
— Idaho Code § 18-8006(1) — 8 cases
State v. Buehler, 547 P.3d 1203 (Idaho 2024). “In its written decision, the district court noted that the plain language of Idaho Code section 18-8006 only requires that the State establish some causal connection between Buehler’s driving while under the influence and Hanson’s injuries.”
State v. Koch, 765 P.2d 687 (Idaho Ct. App. 1988).
State v. Rosencrantz, 946 P.2d 628 (Idaho 1997). “The appellant, Brian Keith Rosencrantz (Rosencrantz), was convicted of two counts of aggravated driving while under the influence of alcohol pursuant to I.C. § 18-8006. Ro-senerantz argues on review from the Idaho Court of Appeals that the district judge committed reversible…”
State v. Lowe, 816 P.2d 347 (Idaho Ct. App. 1990).
State v. Turney, 214 P.3d 1169 (Idaho Ct. App. 2009).
— Idaho Code § 18-8006(1)(a) — 1 case
State v. Young (Idaho Ct. App. 2022).
— Idaho Code § 18-8006(1)(d) — 1 case
State v. Marx (Idaho Ct. App. 2020).
— Idaho Code § 18-8006(a) — 1 case
State v. Christensen, 710 P.2d 635 (Idaho Ct. App. 1985).
— Idaho Code § 18-8006(l)(a) — 1 case
State v. Hansen, 815 P.2d 484 (Idaho Ct. App. 1991).
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