Idaho Code

Idaho Code § 49-1404 (2026)

Fleeing or attempting to elude a peace officer — Penalty.

✓ current as of May 2026

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Fleeing or attempting to elude a peace officer — Penalty.

(1) Any driver of a motor vehicle who wilfully flees or attempts to elude a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor. The signal given by a peace officer may be by emergency lights or siren. The signal given by a peace officer by emergency lights or siren need not conform to the standards for decibel ratings or light visibility specified in section 49-623(3), Idaho Code. It is sufficient proof that a reasonable person knew or should have known that the visual or audible signal given by a peace officer was intended to bring the pursued vehicle to a stop.

(2) An operator who violates the provisions of subsection (1) and while so doing:

(a) Travels in excess of thirty (30) miles per hour above the posted speed limit;

(b) Causes damage to the property of another or bodily injury to another;

(c) Drives his vehicle in a manner as to endanger or likely to endanger the property of another or the person of another; or

(d) Leaves the state;

is guilty of a felony.

(3) The department shall suspend the driver’s license or privileges of a person who has pled guilty or is found guilty of a misdemeanor violation of the provisions of this section, notwithstanding the form of the judgment or withheld judgment, as provided in section 49-326, Idaho Code. Any person who has pled guilty or is found guilty of a felony violation of the provisions of this section, notwithstanding the form of the judgment or withheld judgment, shall have his driving privileges suspended by the court for a minimum of one (1) year, which may extend to three (3) years, at the discretion of the court, during which time he shall have absolutely no driving privileges of any kind.

Notes of Decisions

Cited in 148 cases (13 in the last 5 years), 1959–2026 · leading case: State v. Miller, 955 P.2d 603 (Idaho Ct. App. 1997).

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State v. Miller, 955 P.2d 603 (Idaho Ct. App. 1997). · cites it 24× “Miller was leaving a trailer park in Lewiston in his blue Toyota when he encountered a police officer in his patrol car.”

State v. Baker, 107 P.3d 1214 (Idaho 2004). · cites it 10× “Alternatively, Baker argues that had he left the scene he would likely have been guilty of fleeing or attempting to elude the police under I.C. § 49-1404, therefore he asserts a seizure occurred.”

State v. McCoy, 913 P.2d 578 (Idaho 1996). · cites it 18× “§ 49-1404(2) INCLUDES IMPRISONMENT AND A FINE Idaho Code § 18 -111A provides that “unless otherwise provided in a specific act, [a felony offense shall be punishable] according to the General Felony Statute .”

State v. Godwin, 826 P.2d 452 (Idaho 1992). · cites it 8× “Or, Godwin could have reasonably (but mistakenly) thought he could be charged with eluding a police officer, a violation of I.C. § 49-1404, if he disobeyed the implicit command to stay put.”

Munson v. State, Dep't of Highways, 531 P.2d 1174 (Idaho 1975). · cites it 14× “Ostergar's surviving heirs, hereinafter referred to as appellants, assign as error the district court's determination of contributory negligence by Gooch and imputing that negligence to Ostergar pursuant to I.”

Kinney v. Smith, 508 P.2d 1234 (Idaho 1973). · cites it 14× “” At the trial, the plaintiffs sought to establish the appellant’s direct negligence for furnishing a vehicle to an incompetent driver (as contrasted to the negligence which must be imputed to her as owner under I.C. § 49-1404, subd. 1). The court sustained objections to the…”

State v. Corbus, 256 P.3d 776 (Idaho Ct. App. 2011). · cites it 10× “Corbus was charged with felony eluding a peace officer, I.C. § 49-1404, and misdemeanor reckless driving, I.”

State v. Miller, 443 P.3d 129 (Idaho 2019). · cites it 2× “Miller was charged with felony eluding a police officer pursuant to Idaho Code section 49-1404(2) and misdemeanor injury to a child pursuant to Idaho Code section 18-1501(2).”

Pendlebury v. W. Cas. & Sur. Co., 406 P.2d 129 (Idaho 1965). · cites it 12× “85, pursuant to I.C. § 49-1404, 1 which the surety company paid, and it has not been reimbursed therefor.”

State v. Willoughby, 211 P.3d 91 (Idaho 2009). · cites it 4× “Idaho Code § 49-1404 (1) provides: “Any driver of a motor vehicle who wilfully flees or attempts to elude a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor.”

State v. Mireles, 991 P.2d 878 (Idaho Ct. App. 1999). · cites it 8× “He asserts that I.C. § 49-1404 prohibits a motorist from driving away from a police officer who has given a visual signal to stop by use of the police car's emergency lights.”

Bush v. Oliver, 386 P.2d 967 (Idaho 1963). · cites it 18× “The memorandum decision discloses that the district court considered that the action was barred by the provisions of I.C. § 49-1404, the pertinent portion of which is as follows: “1.”

Show all 148 citing cases →

— Idaho Code § 49-1404(1) — 25 cases

Munson v. State, Dep't of Highways, 531 P.2d 1174 (Idaho 1975). “Ostergar's surviving heirs, hereinafter referred to as appellants, assign as error the district court's determination of contributory negligence by Gooch and imputing that negligence to Ostergar pursuant to I.”

State v. Gutierrez, 51 P.3d 461 (Idaho Ct. App. 2002).

Bush v. Oliver, 386 P.2d 967 (Idaho 1963). “The memorandum decision discloses that the district court considered that the action was barred by the provisions of I.C. § 49-1404, the pertinent portion of which is as follows: “1.”

State v. Corbus, 249 P.3d 398 (Idaho 2011).

Payne v. Foley, 639 P.2d 1126 (Idaho 1982).

— Idaho Code § 49-1404(2) — 30 cases

State v. Miller, 955 P.2d 603 (Idaho Ct. App. 1997). “Miller was leaving a trailer park in Lewiston in his blue Toyota when he encountered a police officer in his patrol car.”

State v. McCoy, 913 P.2d 578 (Idaho 1996). “§ 49-1404(2) INCLUDES IMPRISONMENT AND A FINE Idaho Code § 18 -111A provides that “unless otherwise provided in a specific act, [a felony offense shall be punishable] according to the General Felony Statute .”

State v. Miller, 443 P.3d 129 (Idaho 2019). “Miller was charged with felony eluding a police officer pursuant to Idaho Code section 49-1404(2) and misdemeanor injury to a child pursuant to Idaho Code section 18-1501(2).”

State v. Alwin, 426 P.3d 1260 (Idaho 2018).

State v. Taie, 71 P.3d 477 (Idaho Ct. App. 2003).

— Idaho Code § 49-1404(2)(B) — 1 case

State v. Luke Carr (Idaho Ct. App. 2017).

— Idaho Code § 49-1404(2)(a) — 4 cases

Stuart v. State, 180 P.3d 506 (Idaho Ct. App. 2007).

State v. Schmidt (Idaho Ct. App. 2018).

State v. Tripp (Idaho Ct. App. 2018).

State v. Devin Christopher Lutz (Idaho Ct. App. 2013).

— Idaho Code § 49-1404(2)(a)(b)(c) — 2 cases

State v. Merrill - Substitute Opinion, 428 P.3d 811 (Idaho Ct. App. 2018).

State v. Colton Merrill (Idaho Ct. App. 2018).

— Idaho Code § 49-1404(2)(a)(c) — 3 cases

State v. Jorge Alexander Baird (Idaho Ct. App. 2012).

— Idaho Code § 49-1404(2)(c) — 5 cases

State v. Kellis, 932 P.2d 358 (Idaho Ct. App. 1997).

State v. Gervasi, 69 P.3d 1074 (Idaho Ct. App. 2003).

State v. John Harlan Hoy (Idaho Ct. App. 2016).

State v. Ramon Uriel Chinea-Muller (Idaho Ct. App. 2017).

State v. Scott Daniel Parker (Idaho Ct. App. 2013).

— Idaho Code § 49-1404(3) — 3 cases

State v. Coniconde, 456 P.3d 530 (Idaho Ct. App. 2019).

Blankenship v. Weidner, 815 P.2d 432 (Idaho 1991).

— Idaho Code § 49-1404(b) — 1 case

State v. Donald Joe Jay (Idaho Ct. App. 2013).

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