2006 Legislation
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SENATE BILL NO. 1397 – DUI, penalties

SENATE BILL NO. 1397

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S1397................................................by JUDICIARY AND RULES
DRIVING UNDER THE INFLUENCE - Amends existing law relating to driving under
the influence of intoxicating substances to increase penalties; to increase
the period of time applicable to repeat refusals to evidentiary testing; to
revise information to be given to persons subject to evidentiary testing;
and to increase the period of time applicable to repeat violations.
                                                                        
02/14    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to Jud
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Gannon
    Floor Sponsors - Bunderson & McGee
    Title apvd - to House
02/28    House intro - 1st rdg - to Jud
03/10    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 50-11-9
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bell, Bilbao,
      Black, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal,
      Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
      Henbest, Henderson, Jaquet, Kemp, LeFavour, Loertscher, Martinez,
      Mathews, Miller, Mitchell, Nielsen, Pasley-Stuart, Pence, Raybould,
      Ring, Ringo, Rusche, Rydalch, Sali, Sayler, Shirley, Skippen,
      Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills
      NAYS -- Barrett, Bedke, Crow, Harwood, Lake, McKague, Roberts,
      Schaefer, Shepherd(8), Smith(24), Mr. Speaker
      Absent and excused -- Block, Boe, Bolz, Hart, McGeachin, Moyle,
      Nonini, Shepherd(2), Wood
    Floor Sponsor - Wills
    Title apvd - to Senate
03/23    To enrol
03/24    Rpt enrol - Pres signed - Sp signed
03/27    To Governor
03/30    Governor signed
         Session Law Chapter 261
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1397
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING  SUBSTANCES;  AMENDING
  3        SECTION  18-8002,  IDAHO  CODE,  TO INCREASE PENALTIES AND TO INCREASE THE
  4        PERIOD OF TIME APPLICABLE  TO  REPEAT  REFUSALS  TO  EVIDENTIARY  TESTING;
  5        AMENDING  SECTION  18-8002A, IDAHO CODE, TO REVISE INFORMATION TO BE GIVEN
  6        TO PERSONS SUBJECT TO EVIDENTIARY TESTING; AMENDING SECTION 18-8005, IDAHO
  7        CODE, TO PROVIDE CLARIFYING LANGUAGE,  TO  INCREASE  THE  PERIOD  OF  TIME
  8        APPLICABLE  TO  REPEAT  VIOLATIONS AND TO INCREASE PENALTIES; AND AMENDING
  9        SECTION 18-8006, IDAHO CODE, TO INCREASE A PENALTY.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 18-8002, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        18-8002.  TESTS  OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR
 14    OTHER INTOXICATING SUBSTANCES -- SUSPENSION UPON REFUSAL  OF  TESTS.  (1)  Any
 15    person  who drives or is in actual physical control of a motor vehicle in this
 16    state shall be deemed to have given his consent  to  evidentiary  testing  for
 17    concentration  of  alcohol  as  defined in section 18-8004, Idaho Code, and to
 18    have given his consent to evidentiary testing for the  presence  of  drugs  or
 19    other  intoxicating  substances, provided that such testing is administered at
 20    the request of a peace officer having reasonable grounds to believe that  per-
 21    son  has  been  driving  or  in  actual physical control of a motor vehicle in
 22    violation of the  provisions  of  section  18-8004,  Idaho  Code,  or  section
 23    18-8006, Idaho Code.
 24        (2)  Such  person  shall  not  have  the right to consult with an attorney
 25    before submitting to such evidentiary testing.
 26        (3)  At the time evidentiary testing for concentration of alcohol, or  for
 27    the  presence of drugs or other intoxicating substances is requested, the per-
 28    son shall be informed that if he refuses to submit to or if he fails  to  com-
 29    plete, evidentiary testing:
 30        (a)  His driver's license will be seized by the peace officer and a tempo-
 31        rary permit will be issued; provided, however, that no peace officer shall
 32        issue  a  temporary permit pursuant to this section to a driver whose dri-
 33        ver's license or permit has already  been  and  is  suspended  or  revoked
 34        because  of previous violations, and in no instance shall a temporary per-
 35        mit be issued to a driver of a commercial vehicle who refuses to submit to
 36        or fails to complete an evidentiary test;
 37        (b)  He has the right to request a hearing within seven (7) days  to  show
 38        cause why he refused to submit to, or complete evidentiary testing;
 39        (c)  If  he does not request a hearing or does not prevail at the hearing,
 40        his driver's license will be suspended absolutely for one  hundred  eighty
 41        (180)  days  year  if  this is his first refusal and one two (12) years if
 42        this is  his second refusal within five ten (510) years; and
 43        (d)  After submitting to evidentiary testing he may, when practicable,  at
                                                                        
                                           2
                                                                        
  1        his  own expense, have additional tests made by a person of his own choos-
  2        ing.
  3        (4)  If the motorist refuses to submit to or complete evidentiary  testing
  4    after the information has been given in accordance with subsection (3) above:
  5        (a)  His  driver's  license or permit shall be seized by the peace officer
  6        and  forwarded to the court and a temporary permit shall be issued by  the
  7        peace  officer  which allows him to operate a motor vehicle until the date
  8        of his hearing, if a hearing is requested, but in no event for  more  than
  9        thirty  (30)  days; provided, however, that no peace officer shall issue a
 10        temporary permit pursuant to this  section  to  a  driver  whose  driver's
 11        license  or permit has already been and is suspended or revoked because of
 12        previous violations and in no instance shall a temporary permit be  issued
 13        to  a  driver of a commercial vehicle who refuses to submit to or fails to
 14        complete an evidentiary test;
 15        (b)  A written request may be made within seven (7) calendar  days  for  a
 16        hearing  before  the  court; if requested, the hearing must be held within
 17        thirty (30) days of the seizure unless this  period  is,  for  good  cause
 18        shown,  extended  by  the  court  for  one  (1) additional thirty (30) day
 19        period. The court, in granting such an  extension,  may,  for  good  cause
 20        shown,  extend  the  defendant's  temporary driving privileges for one (1)
 21        additional thirty (30) day period. The hearing shall  be  limited  to  the
 22        question  of why the defendant did not submit to, or complete, evidentiary
 23        testing, and the burden of proof shall be upon the  defendant;  the  court
 24        shall  suspend  all  his  driving  privileges  immediately for one hundred
 25        eighty (180) days year for a first refusal and one two  (12) years  for  a
 26        second  refusal within five ten (510) years unless it finds that the peace
 27        officer did not have legal cause to stop and request him to take the  test
 28        or that the request violated his civil rights;
 29        (c)  If  a  hearing  is  not requested by written notice to the court con-
 30        cerned within seven (7) calendar days, upon receipt of a  sworn  statement
 31        by  the peace officer of the circumstances of the refusal, the court shall
 32        suspend his driving privileges for one hundred eighty (180) days year  for
 33        a  first  refusal and one two (12)  years for a second refusal within five
 34        ten (510) years, during which time he shall  have  absolutely  no  driving
 35        privileges of any kind; and
 36        (d)  After  submitting  to evidentiary testing at the request of the peace
 37        officer, he may, when practicable, at his  own  expense,  have  additional
 38        tests  made  by  a person of his own choosing. The failure or inability to
 39        obtain an additional test or tests by a  person  shall  not  preclude  the
 40        admission  of  results of evidentiary testing for alcohol concentration or
 41        for the presence of drugs or other intoxicating substances  taken  at  the
 42        direction  of  the  peace officer unless the additional test was denied by
 43        the peace officer.
 44        (5)  Any suspension of driving privileges under this  section  or  section
 45    18-8002A,  Idaho  Code,  shall  be a civil penalty separate and apart from any
 46    other suspension imposed for a violation of other Idaho motor vehicle codes or
 47    for a conviction of an offense pursuant to this chapter, and may  be  appealed
 48    to the district court.
 49        (6)  No  hospital,  hospital  officer,  agent, or employee, or health care
 50    professional licensed by the state of Idaho, whether or not  such  person  has
 51    privileges  to  practice  in  the  hospital  in  which  a body fluid sample is
 52    obtained or an evidentiary test is made, shall incur  any  civil  or  criminal
 53    liability  for  any  act  arising out of administering an evidentiary test for
 54    alcohol concentration or for the presence of drugs or other intoxicating  sub-
 55    stances  at the request or order of a peace officer in the manner described in
                                                                        
                                           3
                                                                        
  1    this section and section 18-8002A, Idaho Code: provided, that nothing in  this
  2    section  shall  relieve  any  such person or legal entity from civil liability
  3    arising from the failure to exercise the community standard of care.
  4        (a)  This immunity extends to any person who  assists  any  individual  to
  5        withdraw a blood sample for evidentiary testing at the request or order of
  6        a peace officer, which individual is authorized to withdraw a blood sample
  7        under  the  provisions  of section 18-8003,  Idaho Code, regardless of the
  8        location where the blood sample is actually withdrawn.
  9        (b)  A peace officer is empowered to order  an  individual  authorized  in
 10        section  18-8003,  Idaho  Code, to withdraw a blood sample for evidentiary
 11        testing when the peace officer has probable cause to believe that the sus-
 12        pect has committed any of the following offenses:
 13             (i)   Aggravated driving under the influence  of  alcohol,  drugs  or
 14             other  intoxicating  substance  as provided in section 18-8006, Idaho
 15             Code;
 16             (ii)  Vehicular manslaughter as provided in subsections  (3)(a),  (b)
 17             and (c) of section 18-4006, Idaho Code;
 18             (iii) Aggravated  operating  of  a  vessel on the waters of the state
 19             while under the influence of alcohol,  drugs  or  other  intoxicating
 20             substances as provided in section 67-7035, Idaho Code; or
 21             (iv)  Any  criminal  homicide involving a vessel on the waters of the
 22             state while under the influence of alcohol, drugs or other intoxicat-
 23             ing substances.
 24        (c)  Nothing herein shall limit the discretion of the hospital administra-
 25        tion to designate the qualified hospital employee responsible to  withdraw
 26        the blood sample.
 27        (d)  The  law enforcement agency that requests or orders withdrawal of the
 28        blood sample shall pay the reasonable costs to withdraw such blood sample,
 29        perform laboratory analysis, preserve evidentiary test results,  and  tes-
 30        tify in judicial proceedings.
 31        (e)  The withdrawal of the blood sample may be delayed or terminated if:
 32             (i)   In the reasonable judgment of the hospital personnel withdrawal
 33             of  the  blood sample may result in serious bodily injury to hospital
 34             personnel or other patients; or
 35             (ii)  The licensed health  care  professional  treating  the  suspect
 36             believes  the  withdrawal  of  the  blood  sample  is contraindicated
 37             because of the medical condition of the suspect or other patients.
 38        (7)  "Actual physical  control"  as  used  in  this  section  and  section
 39    18-8002A,  Idaho  Code,  shall be defined as being in the driver's position of
 40    the motor vehicle with the motor running or with the motor vehicle moving.
 41        (8)  Any written notice required by this section shall be  effective  upon
 42    mailing.
 43        (9)  For  the  purposes  of this section and section 18-8002A, Idaho Code,
 44    "evidentiary testing" shall mean a procedure or test or series  of  procedures
 45    or  tests, including the additional test authorized in subsection (10) of this
 46    section, utilized to determine the concentration of alcohol or the presence of
 47    drugs or other intoxicating substances in a person.
 48        (10) A person who submits to a breath test for alcohol  concentration,  as
 49    defined  in  subsection  (4)  of  section  18-8004,  Idaho  Code,  may also be
 50    requested to submit to a second evidentiary test of blood  or  urine  for  the
 51    purpose  of determining the presence of drugs or other intoxicating substances
 52    if the peace officer has reasonable cause to believe that a person was driving
 53    under the influence of any drug or  intoxicating  substance  or  the  combined
 54    influence of alcohol and any drug or intoxicating substance. The peace officer
 55    shall state in his or her report the facts upon which that belief is based.
                                                                        
                                           4
                                                                        
  1        SECTION  2.  That Section 18-8002A, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        18-8002A.  TESTS OF DRIVER FOR ALCOHOL CONCENTRATION,  PRESENCE  OF  DRUGS
  4    OR OTHER INTOXICATING SUBSTANCES -- SUSPENSION UPON FAILURE OF TESTS. (1) Def-
  5    initions. As used in this section:
  6        (a)  "Actual  physical  control" means being in the driver's position of a
  7        motor vehicle with the motor running or with the vehicle moving.
  8        (b)  "Administrative hearing" means a hearing conducted by a hearing offi-
  9        cer to determine whether a suspension imposed by the  provisions  of  this
 10        section should be vacated or sustained.
 11        (c)  "Department"  means  the  Idaho transportation department and, as the
 12        context requires, shall be construed to include any agent of  the  depart-
 13        ment designated by rule as hereinafter provided.
 14        (d)  "Director" means the director of the Idaho transportation department.
 15        (e)  "Evidentiary  testing"  means a procedure or test or series of proce-
 16        dures or tests utilized to determine the concentration of alcohol  or  the
 17        presence  of drugs or other intoxicating substances in a person, including
 18        additional testing authorized by subsection (6) of this section.  An  evi-
 19        dentiary  test  for  alcohol  concentration shall be based on a formula of
 20        grams of alcohol per one hundred (100) cubic centimeters of blood, per two
 21        hundred ten (210) liters of breath, or  sixty-seven  (67)  milliliters  of
 22        urine.  Analysis  of blood, breath or urine for the purpose of determining
 23        alcohol concentration shall be performed by a laboratory operated  by  the
 24        Idaho  state  police or by a laboratory approved by the Idaho state police
 25        under the provisions of approval and certification standards to be set  by
 26        the Idaho state police, or by any other method approved by the Idaho state
 27        police.  Notwithstanding  any other provision of law or rule of court, the
 28        results of any test for alcohol concentration and records relating to cal-
 29        ibration, approval, certification or quality control performed by a  labo-
 30        ratory  operated  and  approved  by the Idaho state police or by any other
 31        method approved by the Idaho state police shall be admissible in any  pro-
 32        ceeding  in  this  state  without  the necessity of producing a witness to
 33        establish the reliability of the testing procedure for examination.
 34        (f)  "Hearing officer" means a person designated by the department to con-
 35        duct administrative hearings. The hearing officer shall have authority  to
 36        administer  oaths,  examine witnesses and take testimony, receive relevant
 37        evidence, issue subpoenas, regulate the course and conduct of the  hearing
 38        and make a final ruling on the issues before him.
 39        (g)  "Hearing  request"  means  a request for an administrative hearing on
 40        the suspension imposed by the provisions of this section.
 41        (2)  Information to be given. At the time of evidentiary testing for  con-
 42    centration of alcohol, or for the presence of drugs or other intoxicating sub-
 43    stances  is requested, the person shall be informed that if the person refuses
 44    to submit to or fails to complete evidentiary testing, or if the  person  sub-
 45    mits  to  and  completes  evidentiary testing and the test results indicate an
 46    alcohol concentration or the presence of  drugs  or  other  intoxicating  sub-
 47    stances  in violation of section 18-8004, 18-8004C or 18-8006, Idaho Code, the
 48    person shall be informed substantially as follows (but need  not  be  informed
 49    verbatim):
 50        If you refuse to submit to or if you fail to complete and pass evidentiary
 51    testing for alcohol or other intoxicating substances:
 52        (a)  The peace officer will seize your driver's license and issue a notice
 53        of  suspension and a temporary driving permit to you, but no peace officer
 54        will issue you a temporary  driving permit if  your  driver's  license  or
                                                                        
                                           5
                                                                        
  1        permit  has  already  been  and  is suspended or revoked. No peace officer
  2        shall issue a temporary driving permit to a driver of a commercial vehicle
  3        who refuses to submit to or fails to  complete  and  pass  an  evidentiary
  4        test;
  5        (b)  You  have the right to request a hearing within seven (7) days of the
  6        notice of suspension of your  driver's  license  to  show  cause  why  you
  7        refused  to  submit to or to complete and pass evidentiary testing and why
  8        your driver's license should not be suspended;
  9        (c)  If you refused or failed to complete evidentiary testing and  do  not
 10        request  a hearing before the court or do not prevail at the hearing, your
 11        driver's license will be suspended. The suspension will be for one hundred
 12        eighty (180) days year if this is your first refusal. The suspension  will
 13        be  for one two (12) years  if this is your second refusal within five ten
 14        (510) years. You will not be able to obtain a temporary restricted license
 15        during that period; and
 16        (d)  If you complete evidentiary testing and fail the testing and  do  not
 17        request  a hearing before the department or do not prevail at the hearing,
 18        your driver's license will be  suspended.  This  suspension  will  be  for
 19        ninety (90) days if this is your first failure of evidentiary testing, but
 20        you  may request restricted noncommercial vehicle driving privileges after
 21        the first thirty (30) days. The suspension will be for  one  (1)  year  if
 22        this  is your second failure of evidentiary testing within five (5) years.
 23        You will not be able to obtain a temporary restricted license during  that
 24        period;
 25        (e)  After submitting to evidentiary testing you may, when practicable, at
 26        your  own  expense,  have  additional  tests  made by a person of your own
 27        choosing.
 28        (3)  Rulemaking authority of the  Idaho  state  police.  The  Idaho  state
 29    police may, pursuant to chapter 52, title 67, Idaho Code, prescribe by rule:
 30        (a)  What  testing  is required to complete evidentiary testing under this
 31        section; and
 32        (b)  What calibration or checking of testing equipment must  be  performed
 33        to comply with the department's requirements. Any rules of the Idaho state
 34        police  shall be in accordance with the following: a test for alcohol con-
 35        centration in breath as defined in section 18-8004, Idaho Code,  and  sub-
 36        section (1)(e) of this section will be valid for the purposes of this sec-
 37        tion  if the breath alcohol testing instrument was approved for testing by
 38        the Idaho state police in accordance with section 18-8004, Idaho Code,  at
 39        any  time  within  ninety (90) days before the evidentiary testing. A test
 40        for alcohol concentration in blood or urine as defined in section 18-8004,
 41        Idaho Code, that is reported by the Idaho state police or by  any  labora-
 42        tory approved by the Idaho state police to perform this test will be valid
 43        for the purposes of this section.
 44        (4)  Suspension.
 45        (a)  Upon  receipt  of  the  sworn statement of a peace officer that there
 46        existed legal cause to believe a person had been driving or was in  actual
 47        physical  control of a motor vehicle while under the influence of alcohol,
 48        drugs or other intoxicating substances and that the person submitted to  a
 49        test  and the test results indicated an alcohol concentration or the pres-
 50        ence of drugs or other intoxicating substances  in  violation  of  section
 51        18-8004, 18-8004C or 18-8006, Idaho Code, the department shall suspend the
 52        person's driver's license, driver's permit, driving privileges or nonresi-
 53        dent driving privileges:
 54             (i)   For a period of ninety (90) days for a first failure of eviden-
 55             tiary  testing under the provisions of this section. The first thirty
                                                                        
                                           6
                                                                        
  1             (30) days of the suspension shall  be absolute and the  person  shall
  2             have  absolutely  no  driving privileges of any kind. Restricted non-
  3             commercial vehicle driving privileges applicable during the remaining
  4             sixty (60) days of the suspension may be  requested  as  provided  in
  5             subsection (9) of this section.
  6             (ii)  For  a  period  of one (1) year for a second and any subsequent
  7             failure of evidentiary testing under the provisions of  this  section
  8             within  the  immediately  preceding five (5) years. No driving privi-
  9             leges of any kind shall be granted during the suspension imposed pur-
 10             suant to this subsection.
 11        The person may request an administrative hearing on the suspension as pro-
 12        vided in subsection (7) of this section. Any right to contest the  suspen-
 13        sion shall be waived if a hearing is not requested as therein provided.
 14        (b)  The  suspension shall become effective thirty (30) days after service
 15        upon the person of the notice of suspension. The notice shall be in a form
 16        provided by the department and shall state:
 17             (i)   The reason and statutory grounds for the suspension;
 18             (ii)  The effective date of the suspension;
 19             (iii) The suspension periods to which the person may  be  subject  as
 20             provided in subsection (4)(a) of this section;
 21             (iv)  The  procedures  for obtaining restricted noncommercial vehicle
 22             driving privileges;
 23             (v)   The rights of the person to request an  administrative  hearing
 24             on  the  suspension  and  that  if  an  administrative hearing is not
 25             requested within seven (7) days of service of the notice  of  suspen-
 26             sion the right to contest the suspension shall be waived;
 27             (vi)  The  procedures  for obtaining an administrative hearing on the
 28             suspension;
 29             (vii) The right to judicial review of the hearing officer's  decision
 30             on the suspension and the procedures for seeking such review.
 31        (5)  Service  of  suspension  by  peace  officer or the department. If the
 32    driver submits to evidentiary testing after the information in subsection  (2)
 33    of  this  section  has  been  provided and the results of the test indicate an
 34    alcohol concentration or the presence of  drugs  or  other  intoxicating  sub-
 35    stances  in  violation  of  the  provisions  of  section  18-8004, 18-8004C or
 36    18-8006, Idaho Code:
 37        (a)  The peace officer shall take  possession  of  the  person's  driver's
 38        license,  shall issue a temporary permit which shall be valid for a period
 39        not to exceed thirty (30) days from the date of issuance, and,  acting  on
 40        behalf  of  the department, will serve the person with a notice of suspen-
 41        sion in the form and containing the information required under  subsection
 42        (4)  of this section. The department may serve the person with a notice of
 43        suspension if the peace officer failed to issue the notice  of  suspension
 44        or  failed to include the date of service as provided in subsection (4)(b)
 45        of this section.
 46        (b)  Within five (5) business days following service of a notice  of  sus-
 47        pension  the  peace  officer shall forward to the department a copy of the
 48        completed notice of suspension form upon which the date  of  service  upon
 49        the  driver  shall be clearly indicated, a copy of any completed temporary
 50        permit form along with any confiscated driver's license, a certified  copy
 51        or  duplicate  original of the results of all tests for alcohol concentra-
 52        tion, as shown by analysis of breath administered at the direction of  the
 53        peace officer, and a sworn statement of the officer, which may incorporate
 54        any  arrest  or  incident  reports  relevant to the arrest and evidentiary
 55        testing setting forth:
                                                                        
                                           7
                                                                        
  1             (i)   The identity of the person;
  2             (ii)  Stating the officer's legal cause to stop the person;
  3             (iii) Stating the officer's legal cause to believe  that  the  person
  4             had been driving or was in actual physical control of a motor vehicle
  5             while  under  the  influence  of alcohol, drugs or other intoxicating
  6             substances  in  violation  of  the  provisions  of  section  18-8004,
  7             18-8004C or 18-8006, Idaho Code;
  8             (iv)  That the person was advised of the consequences of  taking  and
  9             failing  the  evidentiary  test as provided in subsection (2) of this
 10             section;
 11             (v)   That the person was lawfully arrested;
 12             (vi)  That the person was tested for alcohol concentration, drugs  or
 13             other  intoxicating  substances as provided in this chapter, and that
 14             the results of the test indicated an  alcohol  concentration  or  the
 15             presence  of  drugs  or other intoxicating substances in violation of
 16             the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code.
 17        If an evidentiary test of blood or urine was administered  rather  than  a
 18        breath test, the peace officer or the department shall serve the notice of
 19        suspension  once the results are received. The sworn statement required in
 20        this subsection shall be made on forms in accordance with rules adopted by
 21        the department.
 22        (c)  The department may serve the person with a notice  of  suspension  if
 23        the  peace  officer  failed to issue the notice of suspension or failed to
 24        include the date of service as provided in subsection (4)(b) of this  sec-
 25        tion.
 26        (6)  Additional  tests.  After  submitting  to  evidentiary testing at the
 27    request of the peace officer, the person may, when  practicable,  at  his  own
 28    expense,  have  additional tests for alcohol concentration or for the presence
 29    of drugs or other intoxicating substances made by a person of his  own  choos-
 30    ing.  The  person's  failure or inability to obtain additional tests shall not
 31    preclude admission of the results of evidentiary  tests  administered  at  the
 32    direction  of  the  peace  officer unless additional testing was denied by the
 33    peace officer.
 34        (7)  Administrative hearing on suspension. A person who  has  been  served
 35    with  a  notice  of  suspension  after  submitting  to an evidentiary test may
 36    request an administrative hearing on the suspension before a  hearing  officer
 37    designated  by the department. The request for hearing shall be in writing and
 38    must be received by the department within seven (7) calendar days of the  date
 39    of service upon the person of the notice of suspension, and shall include what
 40    issue  or issues shall be raised at the hearing. The date on which the hearing
 41    request was received shall be noted on the face of the request.
 42        If a hearing is requested, the hearing shall be held  within  twenty  (20)
 43    days  of  the  date  the hearing request was received by the department unless
 44    this period is, for good cause shown, extended by the hearing officer for  one
 45    ten (10) day period. Such extension shall not operate as a stay of the suspen-
 46    sion  and  any temporary permit shall expire thirty (30) days after service of
 47    the notice of suspension, notwithstanding an extension  of  the  hearing  date
 48    beyond such thirty (30) day period. Written notice of the date and time of the
 49    hearing  shall  be sent to the party requesting the hearing at least seven (7)
 50    days prior to the scheduled hearing date. The department may conduct all hear-
 51    ings by telephone if each participant in the hearing  has  an  opportunity  to
 52    participate in the entire proceeding while it is taking place.
 53        The  hearing shall be recorded. The sworn statement of the arresting offi-
 54    cer, and the copy of the notice of suspension and any temporary permit  issued
 55    by  the officer shall be admissible at the hearing without further evidentiary
                                                                        
                                           8
                                                                        
  1    foundation. The results of any tests for alcohol concentration or the presence
  2    of drugs or other intoxicating substances by   analysis  of  blood,  urine  or
  3    breath  administered  at  the  direction  of the peace officer and the records
  4    relating to calibration, certification, approval or quality control pertaining
  5    to equipment utilized to perform the tests shall be admissible as provided  in
  6    section 18-8004(4), Idaho Code. The arresting officer shall not be required to
  7    participate unless directed to do so by a subpoena issued by the hearing offi-
  8    cer.
  9        The  burden  of  proof  shall be on the person requesting the hearing. The
 10    hearing officer shall not vacate the suspension unless he finds, by a  prepon-
 11    derance of the evidence, that:
 12        (a)  The peace officer did not have legal cause to stop the person; or
 13        (b)  The  officer  did not have legal cause to believe the person had been
 14        driving or was in actual physical control of a  vehicle  while  under  the
 15        influence  of alcohol, drugs or other intoxicating substances in violation
 16        of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code; or
 17        (c)  The test results did not show an alcohol concentration or  the  pres-
 18        ence  of  drugs  or  other intoxicating substances in violation of section
 19        18-8004, 18-8004C or 18-8006, Idaho Code; or
 20        (d)  The tests for alcohol concentration, drugs or other intoxicating sub-
 21        stances administered at the direction of the peace officer were  not  con-
 22        ducted  in  accordance  with the requirements of section 18-8004(4), Idaho
 23        Code, or the testing equipment was not functioning properly when the  test
 24        was administered; or
 25        (e)  The person was not informed of the consequences of submitting to evi-
 26        dentiary testing as required in subsection (2) of this section.
 27    If  the hearing officer finds that the person has not met his burden of proof,
 28    he shall sustain the suspension. The hearing officer shall  make  findings  of
 29    fact and conclusions of law on each issue and shall enter an order vacating or
 30    sustaining the suspension. If the suspension is vacated, the person's driver's
 31    license,  unless  unavailable by reason of an existing suspension, revocation,
 32    cancellation, disqualification or denial shall be returned to him.  The  find-
 33    ings  of  fact,  conclusions  of  law and order entered by the hearing officer
 34    shall be considered a final order pursuant to the provisions  of  chapter  52,
 35    title  67,  Idaho  Code, except that motions for reconsideration of such order
 36    shall be allowed and new evidence can be submitted.
 37        The facts as found by the hearing officer  shall  be  independent  of  the
 38    determination of the same or similar facts in the adjudication of any criminal
 39    charges  arising out of the same occurrence. The disposition of those criminal
 40    charges shall not affect the suspension required to be imposed under the  pro-
 41    visions  of this section. If a license is suspended under this section and the
 42    person is also convicted on criminal charges arising out of  the  same  occur-
 43    rence  for  a  violation  of  the  provisions  of section 18-8004, 18-8004C or
 44    18-8006, Idaho Code, both the suspension under this section and the suspension
 45    imposed pursuant to the provisions of section 18-8005 or 18-8006, Idaho  Code,
 46    shall  be  imposed, but the periods of suspension shall run concurrently, with
 47    the total period of suspension not to exceed the longer of the applicable sus-
 48    pension periods, unless the court ordering the suspension in the criminal case
 49    orders to the contrary.
 50        (8)  Judicial review. A party aggrieved by the  decision  of  the  hearing
 51    officer  may  seek  judicial review of the decision in the manner provided for
 52    judicial review of final agency action provided in chapter 52, title 67, Idaho
 53    Code.
 54        (9)  Restricted noncommercial vehicle driving privileges. A person  served
 55    with  a notice of suspension for ninety (90) days pursuant to this section may
                                                                        
                                           9
                                                                        
  1    apply to the department for restricted noncommercial  vehicle  driving  privi-
  2    leges,  to become effective after  the thirty (30) day absolute suspension has
  3    been completed. The request may be made at  any  time  after  service  of  the
  4    notice of suspension. Restricted noncommercial vehicle driving privileges will
  5    be  issued for the person to travel to and from work and for work purposes not
  6    involving operation of a commercial vehicle, to  attend  an  alternative  high
  7    school,  work  on  a  GED, for postsecondary education, or to meet the medical
  8    needs of the person or his family if the person  is  eligible  for  restricted
  9    noncommercial  vehicle driving privileges. Any person whose driving privileges
 10    are suspended under the provisions of this chapter may be  granted  privileges
 11    to  drive a noncommercial vehicle but shall not be granted privileges to oper-
 12    ate a commercial motor vehicle.
 13        (10) Rules. The department may adopt rules under the provisions of chapter
 14    52, title 67, Idaho Code, deemed necessary to implement the provisions of this
 15    section.
                                                                        
 16        SECTION 3.  That Section 18-8005, Idaho Code, be, and the same  is  hereby
 17    amended to read as follows:
                                                                        
 18        18-8005.  PENALTIES.  (1)  Any  person  who  pleads  guilty to or is found
 19    guilty of a violation of the provisions of section 18-8004(1)(a) or (5), Idaho
 20    Code, for the first time is guilty of a misdemeanor; and, except  as  provided
 21    in section 18-8004C, Idaho Code:
 22        (a)  May be sentenced to jail for a term not to exceed six (6) months;
 23        (b)  May be fined an amount not to exceed one thousand dollars ($1,000);
 24        (c)  Shall be advised by the court in writing at the time of sentencing of
 25        the penalties that will be imposed for subsequent violations of the provi-
 26        sions  of section 18-8004, Idaho Code, which advice shall be signed by the
 27        defendant, and a copy retained by the court and another copy  retained  by
 28        the prosecuting attorney; and
 29        (d)  Shall have his driving privileges suspended by the court for a period
 30        of  thirty  (30)  days  which shall not be reduced and during which thirty
 31        (30) day period absolutely no  driving  privileges  of  any  kind  may  be
 32        granted.  After the thirty (30) day period of absolute suspension of driv-
 33        ing privileges has passed, the defendant  shall  have  driving  privileges
 34        suspended  by  the  court  for an additional period of at least sixty (60)
 35        days, not to exceed one hundred fifty (150) days during which the  defend-
 36        ant  may  request restricted driving privileges which the court may allow,
 37        if the defendant shows by a preponderance of  the  evidence  that  driving
 38        privileges are necessary for his employment or for family health needs.
 39        (2)  Any  person who pleads guilty to or is found guilty of a violation of
 40    the provisions of section 18-8004(1)(b), Idaho Code, for  the  first  time  is
 41    guilty of a misdemeanor and subject to:
 42        (a)  The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
 43        (b)  The provisions of section 49-335, Idaho Code.
 44        (3)  Any  person who pleads guilty to or is found guilty of a violation of
 45    the provisions of section 18-8004(1)(c), Idaho Code, for the  first  time,  is
 46    guilty of a misdemeanor and is subject to:
 47        (a)  The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
 48        (b)  The provisions of section 49-335, Idaho Code.
 49        (4)  Any  person who pleads guilty to or is found guilty of a violation of
 50    the provisions of section 18-8004(1)(a), (b) or (c), Idaho  Code,  who  previ-
 51    ously has been found guilty of or has pled guilty to a violation of the provi-
 52    sions  of  section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially
 53    conforming foreign criminal violation within five ten  (510)  years,  notwith-
                                                                        
                                           10
                                                                        
  1    standing  the  form  of the judgment(s) or withheld judgment(s), and except as
  2    provided in section 18-8004C, Idaho Code, is guilty  of  a  misdemeanor;  and,
  3    except as provided in section 18-8004C, Idaho Code:
  4        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
  5        than  ten (10) days the first forty-eight (48) hours of which must be con-
  6        secutive, and five (5) days of which must be served in jail,  as  required
  7        by  23  U.S.C.  section 164, and may be sentenced to not more than one (1)
  8        year, provided however, that in the discretion of  the  sentencing  judge,
  9        the judge may authorize the defendant to be assigned to a work detail pro-
 10        gram  within the custody of the county sheriff during the period of incar-
 11        ceration;
 12        (b)  May be fined an amount not to exceed two thousand dollars ($2,000);
 13        (c)  Shall be advised by the court in writing at the time  of  sentencing,
 14        of  the  penalties  that  will be imposed for subsequent violations of the
 15        provisions of section 18-8004, Idaho Code, which advice shall be signed by
 16        the defendant, and a copy retained by the court and another copy  retained
 17        by the prosecuting attorney;
 18        (d)  Shall surrender his driver's license or permit to the court;
 19        (e)  Shall have his driving privileges suspended by the court for an addi-
 20        tional  mandatory  minimum  period of one (1) year after release from con-
 21        finement, during which one (1) year period absolutely  no  driving  privi-
 22        leges of any kind may be granted; and
 23        (f)  Shall,  while  operating a motor vehicle, be required to drive only a
 24        motor vehicle equipped with a functioning ignition  interlock  system,  as
 25        provided in section 18-8008, Idaho Code, following the one (1) year manda-
 26        tory license suspension period.
 27        (g)  If the person has pled guilty or was found guilty for the second time
 28        within  five  ten  (510) years of a violation of the provisions of section
 29        18-8004(1)(b) or (c), Idaho Code, then the provisions of  section  49-335,
 30        Idaho Code, shall apply.
 31        (5)  Except  as  provided  in section 18-8004C, Idaho Code, any person who
 32    pleads guilty to or is found guilty of a violation of the provisions  of  sec-
 33    tion  18-8004(1)(a),  (b)  or  (c),  Idaho Code, who previously has been found
 34    guilty of or has pled guilty to two (2) or more violations of  the  provisions
 35    of  section  18-8004(1)(a),  (b) or (c), Idaho Code, or any substantially con-
 36    forming foreign criminal violation, or any combination  thereof,  within  five
 37    ten  (510)  years,  notwithstanding  the  form  of the judgment(s) or withheld
 38    judgment(s), shall be guilty of a felony; and
 39        (a)  Shall be sentenced to the custody of the state  board  of  correction
 40        for  not to exceed five ten (510) years; provided that notwithstanding the
 41        provisions of section 19-2601, Idaho Code, should  the  court  impose  any
 42        sentence other than incarceration in the state penitentiary, the defendant
 43        shall  be  sentenced  to the county jail for a mandatory minimum period of
 44        not less than thirty (30) days, the first forty-eight (48) hours of  which
 45        must be consecutive, and ten (10) days of which must be served in jail, as
 46        required by 23 U.S.C. section 164; and further provided that notwithstand-
 47        ing  the provisions of section 18-111, Idaho Code, a conviction under this
 48        section shall be deemed a felony;
 49        (b)  May be fined an amount not to exceed five thousand dollars ($5,000);
 50        (c)  Shall surrender his driver's license or permit to the court; and
 51        (d)  Shall have his driving privileges suspended by the court for a manda-
 52        tory minimum period of one (1) year after release from  imprisonment,  and
 53        may  have  his driving privileges suspended by the court for not to exceed
 54        five (5) years after release from imprisonment, during which time he shall
 55        have absolutely no driving privileges of any kind; and
                                                                        
                                           11
                                                                        
  1        (e)  Shall, while operating a motor vehicle, be required to drive  only  a
  2        motor  vehicle  equipped  with a functioning ignition interlock system, as
  3        provided in section 18-8008, Idaho Code, following the mandatory  one  (1)
  4        year license suspension period.
  5        (6)  For  the  purpose of computation of the enhancement period in subsec-
  6    tions (4), (5) and (7) of this section, the time that elapses between the date
  7    of commission of the offense and the date the defendant pleads  guilty  or  is
  8    found  guilty  for the pending offense shall be excluded. If the determination
  9    of guilt against the defendant is reversed upon appeal, the time that  elapsed
 10    between  the  date of the commission of the offense and the date the defendant
 11    pleads guilty or is found guilty following the appeal shall also be excluded.
 12        (7)  Notwithstanding the provisions of subsections (4)  and  (5)  of  this
 13    section,  any person who has pled guilty or has been found guilty of a  felony
 14    violation of the provisions of section 18-8004, Idaho Code, a felony violation
 15    of the provisions of section 18-8004C, Idaho Code, a violation of  the  provi-
 16    sions of section 18-8006, Idaho Code, a violation of the provisions of section
 17    18-4006  3.(b),  Idaho  Code, or any substantially conforming foreign criminal
 18    felony violation, and within ten fifteen (105) years  pleads    guilty  or  is
 19    found  guilty  of  a  further  violation of the provisions of section 18-8004,
 20    Idaho Code, shall be guilty of a felony and shall  be  sentenced  pursuant  to
 21    subsection (5) of this section.
 22        (8)  For  the  purpose of subsections (4), (5) and (7) of this section and
 23    the provisions of section 18-8004C, Idaho  Code,  a  substantially  conforming
 24    foreign criminal violation exists when a person has pled guilty to or has been
 25    found guilty of a violation of any federal law or law of another state, or any
 26    valid  county, city, or town ordinance of another state substantially conform-
 27    ing to the provisions of section 18-8004, Idaho  Code.  The  determination  of
 28    whether a foreign criminal violation is substantially conforming is a question
 29    of law to be determined by the court.
 30        (9)  Any  person who pleads guilty to or is found guilty of a violation of
 31    the provisions of section 18-8004, 18-8004C  or  18-8006,  Idaho  Code,  shall
 32    undergo,  at his own expense, (or at county expense through the procedures set
 33    forth in chapters 34 and 35, title 31, Idaho Code,) and prior to the  sentenc-
 34    ing  date, an alcohol evaluation by an alcohol evaluation facility approved by
 35    the Idaho department of health and welfare; provided however, if the defendant
 36    has no prior or pending charges with respect  to  the  provisions  of  section
 37    18-8004,  18-8004C  or  18-8006, Idaho Code, and the court has the records and
 38    information required under subsections (10)(a), (b) and (c) of this section or
 39    possesses information from other reliable sources relating to the  defendant's
 40    use  or nonuse of alcohol or drugs which does not give the court any reason to
 41    believe that the defendant regularly abuses alcohol or drugs and is in need of
 42    treatment, the court may, in its discretion, waive the evaluation with respect
 43    to sentencing for a violation of section 18-8004 or 18-8004C(1),  Idaho  Code,
 44    and  proceed to sentence the defendant. The court may also, in its discretion,
 45    waive the requirement of an alcohol evaluation with respect to  a  defendant's
 46    violation  of  the  provisions  of section 18-8004, 18-8004C or 18-8006, Idaho
 47    Code, and proceed to sentence the defendant if the  court  has  a  presentence
 48    investigation  report,  substance  abuse assessment, criminogenic risk assess-
 49    ment, or other assessment which evaluates the defendant's  degree  of  alcohol
 50    abuse  and need for alcohol treatment conducted within twelve (12) months pre-
 51    ceding the date of the defendant's sentencing. In the event an alcohol evalua-
 52    tion indicates the need for alcohol treatment, the evaluation shall contain  a
 53    recommendation  by the evaluator as to the most appropriate treatment program,
 54    together with the estimated cost thereof, and  recommendations for other suit-
 55    able  alternative  treatment  programs,  together  with  the  estimated  costs
                                                                        
                                           12
                                                                        
  1    thereof. The person shall request that a copy of the completed  evaluation  be
  2    forwarded to the court. The court shall take the evaluation into consideration
  3    in  determining an appropriate sentence. If a copy of the completed evaluation
  4    has not been provided to the court, the court  may  proceed  to  sentence  the
  5    defendant; however, in such event, it shall be presumed that alcohol treatment
  6    is  required  unless  the defendant makes a showing by a preponderance of evi-
  7    dence that treatment is not required. If the defendant has  not  made  a  good
  8    faith effort to provide the completed copy of the evaluation to the court, the
  9    court  may  consider  the failure of the defendant to provide the report as an
 10    aggravating circumstance in determining an appropriate sentence. If  treatment
 11    is  ordered,  in no event shall the person or facility doing the evaluation be
 12    the person or facility that provides the treatment unless this requirement  is
 13    waived  by  the  sentencing  court, with the exception of federally recognized
 14    Indian tribes or federal military installations, where diagnosis and treatment
 15    are appropriate and available. Nothing herein contained shall preclude the use
 16    of funds authorized pursuant to the provisions of chapter 3, title  39,  Idaho
 17    Code, for court-ordered alcohol treatment for indigent defendants.
 18        (10) At  the time of sentencing, the court shall be provided with the fol-
 19    lowing information:
 20        (a)  The results, if administered, of any  evidentiary  test  for  alcohol
 21        and/or drugs;
 22        (b)  A computer or teletype or other acceptable copy of the person's driv-
 23        ing record;
 24        (c)  Information  as  to  whether the defendant has pled guilty to or been
 25        found guilty of violation of the provisions of section  18-8004,  18-8004C
 26        or  18-8006,  Idaho  Code,  or  a similar offense within the past five (5)
 27        years,  notwithstanding  the  form  of   the   judgment(s)   or   withheld
 28        judgment(s); and
 29        (d)  The alcohol evaluation required in subsection (9) of this section, if
 30        any.
 31        (11) A  minor  may be prosecuted for a violation of the provisions of sec-
 32    tion 18-8004 or 18-8004C, Idaho Code, under chapter 5, title 20,  Idaho  Code.
 33    In   addition  to  any  other penalty, if a minor pleads guilty to or is found
 34    guilty of a violation of the provisions of section 18-8004(1)(a), (b)  or  (c)
 35    or  18-8004C,  Idaho  Code,  he shall have his driving privileges suspended or
 36    denied for an additional one (1) year following the end of any period of  sus-
 37    pension  or  revocation  existing  at  the  time of the violation, or until he
 38    reaches the age of twenty-one (21) years, whichever period is greater.  During
 39    the  period  of  additional suspension or denial, absolutely no driving privi-
 40    leges shall be allowed.
 41        (12) In the event that the alcohol evaluation required in  subsection  (9)
 42    of this section recommends alcohol treatment, the court shall order the person
 43    to complete a treatment program in addition to any other sentence which may be
 44    imposed,  unless the court determines that alcohol treatment would be inappro-
 45    priate or undesirable, in which event, the court shall enter findings  articu-
 46    lating the reasons for such determination on the record. The court shall order
 47    the  defendant  to  complete  the preferred treatment program set forth in the
 48    evaluation, or a comparable alternative, unless it appears that the  defendant
 49    cannot  reasonably  obtain adequate financial resources for such treatment. In
 50    that event, the court may order the defendant to complete a less costly alter-
 51    native set forth in the evaluation, or a comparable  program.  Such  treatment
 52    shall, to the greatest extent possible, be at the expense of the defendant. In
 53    the  event  that  funding  is provided for or on behalf of the defendant by an
 54    entity of state government, restitution shall be ordered to such  governmental
 55    entity  in  accordance  with  the  restitution procedure for crime victims, as
                                                                        
                                           13
                                                                        
  1    specified under chapter 53, title 19, Idaho Code. Nothing  contained    herein
  2    shall  be  construed  as requiring a court to order that a governmental entity
  3    shall  provide  alcohol  treatment  at  government  expense  unless  otherwise
  4    required by law.
  5        (13) Any person who is disqualified, or whose driving privileges have been
  6    suspended, revoked or canceled under the provisions of this chapter, shall not
  7    be granted restricted driving privileges to operate a commercial  motor  vehi-
  8    cle.
                                                                        
  9        SECTION  4.  That  Section 18-8006, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        18-8006.  AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF  ALCOHOL,  DRUGS
 12    OR  ANY  OTHER  INTOXICATING  SUBSTANCES.  (1) Any person causing great bodily
 13    harm, permanent disability or permanent disfigurement to any person other than
 14    himself in committing a violation of the provisions of  section  18-8004(1)(a)
 15    or (1)(c), Idaho Code, is guilty of a felony, and upon conviction:
 16        (a)  Shall be sentenced to the state board of correction for not to exceed
 17        ten  fifteen  (105) years, provided that notwithstanding the provisions of
 18        section 19-2601, Idaho Code, should the court impose  any  sentence  other
 19        than  incarceration in the state penitentiary, the defendant shall be sen-
 20        tenced to the county jail for a mandatory minimum period of not less  than
 21        thirty  (30)  days, the first forty-eight (48) hours of which must be con-
 22        secutive; and further provided that notwithstanding the provisions of sec-
 23        tion 18-111, Idaho Code, a conviction under this section shall be deemed a
 24        felony;
 25        (b)  May be fined an amount not to exceed five thousand dollars ($5,000);
 26        (c)  Shall surrender his driver's license or permit to the court; and
 27        (d)  Shall have his driving privileges suspended by the court for a manda-
 28        tory minimum period of one (1) year after release from  imprisonment,  and
 29        may   have his driving privileges suspended by the court for not to exceed
 30        five (5) years after release from imprisonment, during which time he shall
 31        have absolutely no driving privileges of any kind; and
 32        (e)  Shall be ordered by the court to pay restitution in  accordance  with
 33        chapter 53, title 19, Idaho Code.
 34        (2)  Notwithstanding  any  other provision of law, any evidence of convic-
 35    tion under this section shall be admissible in any civil  action  for  damages
 36    resulting  from  the occurrence. A conviction for the purposes of this section
 37    means that the person has pled guilty or has been found guilty,  notwithstand-
 38    ing the form of the judgment(s) or withheld judgment(s).

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15920

This legislation is designed to reduce the number of motor
vehicle drivers choosing to drive while under the influence of
drugs and alcohol; thereby making our roads safer for law-abiding
citizens.  Specifically this legislation accomplishes two things:

  1. Drivers pulled-over by law enforcement officials for
     suspected DUI who refuse to provide specimens for
     evidentiary testing: The legislation increases the potential
     administrative license suspension from 180 days to one year
     for the first refusal and from one year to two years for a
     second or more refusals within ten (increased from five)
     years. 

  2. For multiple DUI offenders: The legislation increases the
     maximum sentence a judge may impose upon conviction for a
     felony DUI from five years, not to exceed to ten years and
     for aggravated DUI from ten years to fifteen years.  In
     addition, this legislation increases the time period for
     charging a subsequent enhanced DUI from five years to 10
     years and a felony from 10 years to fifteen years.



                             FISCAL NOTE

The fiscal impact cannot be determined as it depends on the
future number of violators and the exact ruling of the courts in
each case.  It is likely that there will be an increase in the
number of DUI violators that will be impacted by this
legislation.  Accordingly, this legislation will likely have the
fiscal effect of increasing the costs of local and state law
enforcement, prosecution, jail, courts and prisons.  However, it
will likely have a positive fiscal impact because it should
decrease citizen and taxpayer costs associated with the injury
and death of our law-abiding citizens as they travel on our
roads. 


Contact Persons:
Representative Rich Wills (208-332-1218
Senator Hal Bunderson, (208) 332-1320
Heather Riley, Idaho Prosecuting Attorneys (208) 287-7700
Mike Kane, Idaho Sheriffs Association (208) 342-4545
Aleshea Lind, MADD (208) 853-3700


STATEMENT OF PURPOSE/FISCAL NOTES                           S 1397