Idaho Eluding Or Evading | Driving Crimes

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Eluding or Evading Charges

In Idaho, eluding can be charged as either a felony or a misdemeanor. The differences are subtle. With the help of a skilled attorney, it may be possible to have a felony eluding charge reduced to a misdemeanor.

Misdemeanor Eluding

Misdemeanor Eluding: Any driver of a motor vehicle who willfully 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.

Felony Eluding

Felony Eluding: Any driver who is guilty of the above, while: 

(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.

What Counts as a Signal to Stop?

The signal given by a peace officer may be by emergency lights or siren. 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.

Importantly, the law does not require that the officer's lights or siren meet specific decibel ratings or visibility standards. In other words, even if the emergency lights or siren don't perfectly match technical requirements, it's enough as long as a reasonable person would recognize the signal as a command to pull over. This means drivers cannot argue that a siren was too quiet or lights weren't bright enough if the intent was clear.

For more information see: https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH14/SECT49-1404/

Potential Penalties For an Idaho Eluding Conviction

On top of any jail or prison sentence that may be included in a conviction, a conviction for eluding will include a driver's license suspension:

"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."

What does this mean for you?

• Misdemeanor Eluding: Even if you're only convicted of a misdemeanor, your license will be suspended. The exact length can vary, but any loss of driving privileges can disrupt your daily life and employment.
• Felony Eluding: A felony conviction carries a mandatory minimum suspension of one year, up to three years, with absolutely no driving privileges during that time—no restricted or hardship licenses.
• No Exceptions: The suspension applies regardless of whether the court enters a typical judgment or withholds judgment. In other words, if you're found guilty or plead guilty, the license suspension is automatic.

Losing your license isn't just an inconvenience; it can impact your job, your family, and your independence. These penalties are in addition to any fines, jail, or prison time the court may impose. It's critical to understand exactly what's at stake when facing an eluding charge and to seek experienced legal help to protect your rights and your future.

Fight Your Idaho Eluding Charge

There is hope. Eluding cases are winnable. A skilled attorney will be able to provide you will the best possible defense to the charges. Do not fight the system on your own, you have too much on the line! Protect your rights and your freedom! Call me today for a free consultation!