Idaho § 49-1405 - Arrests for serious offenses
Full text of Idaho Idaho Statutes § 49-1405 — Arrests for serious offenses, with citation guidance and answers to common questions.
§ 49-1405. Arrests for serious offenses
(1) The authority to make an arrest is the same as upon an arrest for a felony when any person is charged with any of the following offenses:
(a) Negligent homicide.
(b) Driving, or being in actual physical control, of a vehicle or operating a vessel while under the influence of alcohol or other intoxicating beverage.
(c) Driving a vehicle or operating a vessel while under the influence of any narcotic drug, or driving a vehicle or operating a vessel while under the influence of any other drug to a degree which renders the person incapable of safely driving a vehicle.
(d) Failure to stop, or failure to give information, or failure to render reasonable assistance, in the event of an accident resulting in death or personal injuries.
(e) Failure to stop, or failure to give information, in the event of an accident resulting in damage to a vehicle or vessel or to fixtures or other property legally upon or adjacent to a highway or waterway.
(f) Reckless driving.
(g) Fleeing or attempting to elude a peace officer.
(2) Whenever any person is arrested as authorized in this section, he shall be taken without unnecessary delay before the proper magistrate as provided by law, except that in the case of either of the offenses designated in paragraphs (1)(e), (f) and (g) of this section, a peace officer shall have the same discretion as is provided by law.
(3) As used in this section, the term "vessel" shall be as defined in section 67-7003 , Idaho Code.
[49-1405, added 1988, ch. 265, sec. 341, p. 746; am. 1997, ch. 70, sec. 1, p. 146; am. 2001, ch. 113, sec. 1, p. 404.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 49-1405
What does Idaho Statutes § 49-1405 cover?
Section 49-1405 ("Arrests for serious offenses") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 49-1405?
A common citation format is "Idaho Statutes § 49-1405" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 49-1405 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.