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S1053.....................................................by TRANSPORTATION
DRIVER'S LICENSE - SUSPENSION - Amends existing law to provide for service
of a notice of driver's license suspension by the Idaho Transportation
Department upon a failure of tests for driving under the influence; and to
delete provisions for court suspension of a commercial license upon a
conviction of driving under the influence.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Transp
02/19 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 29-0-6
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Ipsen, Keough, King, Lee, Noh, Richardson, Riggs, Risch,
Sandy, Schroeder, Sorensen, Stegner, Thorne, Whitworth
NAYS--None
Absent and excused--Darrington, McLaughlin, Parry, Stennett, Twiggs,
Wheeler
Floor Sponsor - Sandy
Title apvd - to House
02/26 House intro - 1st rdg - to Transp
03/05 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 61-2-7
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Henbest, Jaquet, Jones, Judd, Kellogg,
Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley,
Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Williams,
Zimmermann
NAYS -- Hornbeck, McKague
Absent and excused -- Hansen(29), Limbaugh, Meyer, Watson, Wheeler,
Wood, Mr Speaker
Floor Sponsor - Smith
Title apvd - to Senate
03/12 To enrol
03/15 Rpt enrol - Pres signed
03/16 Sp signed - to Governor
03/18 Governor signed
Session Law Chapter 80
Effective: 07/01/99
S1053|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1053 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO DRIVING UNDER THE INFLUENCE; AMENDING SECTION 18-8002A, IDAHO 3 CODE, TO DELETE REFERENCE TO TRANSPORTATION DEPARTMENT FORMS IN DEPARTMENT 4 OF LAW ENFORCEMENT RULES, TO PROVIDE FOR SERVICE OF A NOTICE OF DRIVER'S 5 LICENSE SUSPENSION BY THE DEPARTMENT AND TO MAKE A TECHNICAL CORRECTION; 6 AND AMENDING SECTION 18-8005, IDAHO CODE, TO DELETE PROVISIONS FOR COURT 7 SUSPENSION OF A COMMERCIAL LICENSE UPON A CONVICTION OF DRIVING UNDER THE 8 INFLUENCE AND TO MAKE A TECHNICAL CORRECTION. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 18-8002A, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 18-8002A. TESTS OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR 13 OTHER INTOXICATING SUBSTANCES -- SUSPENSION UPON FAILURE OF TESTS. (1) Defini- 14 tions. As used in this section: 15 (a) "Actual physical control" means being in the driver's position of a 16 motor vehicle with the motor running or with the vehicle moving. 17 (b) "Administrative hearing" means a hearing conducted by a hearing offi- 18 cer to determine whether a suspension imposed by the provisions of this 19 section should be vacated or sustained. 20 (c) "Department" means the Idaho transportation department and, as the 21 context requires, shall be construed to include any agent of the depart- 22 ment designated by rule as hereinafter provided. 23 (d) "Director" means the director of the Idaho transportation department. 24 (e) "Evidentiary testing" means a procedure or test or series of proce- 25 dures or tests utilized to determine the concentration of alcohol or the 26 presence of drugs or other intoxicating substances in a person, including 27 additional testing authorized by subsection (6) of this section. An evi- 28 dentiary test for alcohol concentration shall be based on a formula of 29 grams of alcohol per one hundred (100) cubic centimeters of blood, per two 30 hundred ten (210) liters of breath, or sixty-seven (67) milliliters of 31 urine. Analysis of blood, breath or urine for the purpose of determining 32 alcohol concentration shall be performed by a laboratory operated by the 33 Idaho department of law enforcement or by a laboratory approved by the 34 Idaho department of law enforcement under the provisions of approval and 35 certification standards to be set by that department, or by any other 36 method approved by the Idaho department of law enforcement. Notwithstand- 37 ing any other provision of law or rule of court, the results of any test 38 for alcohol concentration and records relating to calibration, approval, 39 certification or quality control performed by a laboratory operated and 40 approved by the Idaho department of law enforcement or by any other method 41 approved by the Idaho department of law enforcement shall be admissible in 42 any proceeding in this state without the necessity of producing a witness 43 to establish the reliability of the testing procedure for examination. 2 1 (f) "Hearing officer" means a person designated by the department to con- 2 duct administrative hearings. The hearing officer shall have authority to 3 administer oaths, examine witnesses and take testimony, receive relevant 4 evidence, issue subpoenas, regulate the course and conduct of the hearing 5 and make a final ruling on the issues before him. 6 (g) "Hearing request" means a request for an administrative hearing on 7 the suspension imposed by the provisions of this section. 8 (2) Information to be given. At the time of evidentiary testing for con- 9 centration of alcohol, or for the presence of drugs or other intoxicating sub- 10 stances is requested, the person shall be informed that if the person refuses 11 to submit to or fails to complete evidentiary testing, or if the person sub- 12 mits to and completes evidentiary testing and the test results indicate an 13 alcohol concentration or the presence of drugs or other intoxicating sub- 14 stances in violation of section 18-8004, 18-8004C or 18-8006, Idaho Code, the 15 person shall be informed substantially as follows (but need not be informed 16 verbatim): 17 If you refuse to submit to or if you fail to complete and pass evidentiary 18 testing for alcohol or other intoxicating substances: 19 (a) The peace officer will seize your driver's license and issue a notice 20 of suspension and a temporary driving permit to you, but no peace officer 21 will issue you a temporary driving permit if your driver's license or per- 22 mit has already been and is suspended or revoked. No peace officer shall 23 issue a temporary driving permit to a driver of a commercial vehicle who 24 refuses to submit to or fails to complete and pass an evidentiary test; 25 (b) You have the right to request a hearing within seven (7) days of the 26 notice of suspension of your driver's license to show cause why you 27 refused to submit to or to complete and pass evidentiary testing and why 28 your driver's license should not be suspended; 29 (c) If you refused or failed to complete evidentiary testing and do not 30 request a hearing before the court or do not prevail at the hearing, your 31 driver's license will be suspended. The suspension will be for one hundred 32 eighty (180) days if this is your first refusal. The suspension will be 33 for one (1) year if this is your second refusal within five (5) years. You 34 will not be able to obtain a temporary restricted license during that 35 period; and 36 (d) If you complete evidentiary testing and fail the testing and do not 37 request a hearing before the department or do not prevail at the hearing, 38 your driver's license will be suspended. This suspension will be for 39 ninety (90) days if this is your first failure of evidentiary testing, but 40 you may request restricted driving privileges after the first thirty (30) 41 days. The suspension will be for one (1) year if this is your second fail- 42 ure of evidentiary testing within five (5) years. You will not be able to 43 obtain a temporary restricted license during that period; 44 (e) After submitting to evidentiary testing you may, when practicable, at 45 your own expense, have additional tests made by a person of your own 46 choosing. 47 (3) Rulemaking authority of the department of law enforcement. The Idaho 48 department of law enforcement may, pursuant to chapter 52, title 67, Idaho 49 Code, prescribe by rule: 50 (a)A form restating the substance of the information required to51be provided in subsection (2) of this section. The information in this52form shall be considered by operation of this section to comply with the53information required to be given by subsection (2) of this section;54(b)What testing is required to complete evidentiary testing under 55 this section; and 3 1 (cb ) What calibration or checking of testing 2 equipment must be performed to comply with the department's requirements. 3UnlessAny rules of the Idaho department of law 4 enforcementhas prescribed to the contrary by rule,5 shall be in accordance with the following :shall6apply:a test for alcohol concentration in breath as defined in 7 section 18-8004, Idaho Code, and subsection (1)(e) of this section will be 8 valid for the purposes of this section if the breath alcohol testing 9 instrument was approved for testing by the Idaho department of law 10 enforcement in accordance with section 18-8004, Idaho Code,not11more thanat any time within ninety (90) days before 12 the evidentiary testing. A test for alcohol concentration in blood or 13 urine as defined in section 18-8004, Idaho Code, that is reported by the 14 Idaho department of law enforcement or by any laboratory approved by the 15 Idaho department of law enforcement to perform this test will be valid for 16 the purposes of this section. 17 (4) Suspension. 18 (a) Upon receipt of the sworn statement of a peace officer that there 19 existed legal cause to believe a person had been driving or was in actual 20 physical control of a motor vehicle while under the influence of alcohol, 21 drugs or other intoxicating substances and that the person submitted to a 22 test and the test results indicated an alcohol concentration or the pres- 23 ence of drugs or other intoxicating substances in violation of section 24 18-8004, 18-8004C or 18-8006, Idaho Code, the department shall suspend the 25 person's driver's license, driver's permit, driving privileges or non- 26 resident driving privileges: 27 (i) For a period of ninety (90) days for a first failure of eviden- 28 tiary testing under the provisions of this section. The first thirty 29 (30) days of the suspension shall be absolute and the person shall 30 have absolutely no driving privileges of any kind. Restricted driv- 31 ing privileges applicable during the remaining sixty (60) days of the 32 suspension may be requested as provided in subsection (9) of this 33 section. 34 (ii) For a period of one (1) year for a second and any subsequent 35 failure of evidentiary testing under the provisions of this section 36 within the immediately preceding five (5) years. No driving privi- 37 leges of any kind shall be granted during the suspension imposed pur- 38 suant to this subsection. 39 The person may request an administrative hearing on the suspension as pro- 40 vided in subsection (7) of this section. Any right to contest the suspen- 41 sion shall be waived if a hearing is not requested as therein provided. 42 (b) The suspension shall become effective thirty (30) days after service 43 upon the person of the notice of suspension. The notice shall be in a form 44 provided by the department and shall state: 45 (i) The reason and statutory grounds for the suspension; 46 (ii) The effective date of the suspension; 47 (iii) The suspension periods to which the person may be subject as 48 provided in subsection (4)(a) of this section; 49 (iv) The procedures for obtaining restricted driving privileges; 50 (v) The rights of the person to request an administrative hearing 51 on the suspension and that if an administrative hearing is not 52 requested within seven (7) days of service of the notice of suspen- 53 sion the right to contest the suspension shall be waived; 54 (vi) The procedures for obtaining an administrative hearing on the 55 suspension; 4 1 (vii) The right to judicial review of the hearing officer's decision 2 on the suspension and the procedures for seeking such review. 3 (5) Service of suspension by peace officer or the department 4 . If the driver submits to evidentiary testing after the information in 5 subsection (2) of this section has been provided and the results of the test 6 indicate an alcohol concentration or the presence of drugs or other intoxicat- 7 ing substances in violation of the provisions of section 18-8004, 18-8004C or 8 18-8006, Idaho Code: 9 (a) The peace officer shall take possession of the person's driver's 10 license, shall issue a temporary permit which shall be valid for a period 11 not to exceed thirty (30) days from the date of issuance, and, acting on 12 behalf of the department,shallwill serve the 13 person with a notice of suspension in the form and containing the informa- 14 tion required under subsection (4) of this section. The department 15 may serve the person with a notice of suspension if the peace officer 16 failed to issue the notice of suspension or failed to include the date of 17 service as provided in subsection (4)(b) of this section. 18 (b) Within five (5) business days following service of a notice of sus- 19 pension the peace officer shall forward to the department a copy of the 20 completed notice of suspension form upon which the date of service upon 21 the driver shall be clearly indicated, a copy of any completed temporary 22 permit form along with any confiscated driver's license, and a23sworn-statementsworn statement of the officer , 24 which may incorporate any arrest or incident reports relevant to the 25 arrest and evidentiary testing setting forth: 26 (i) The identity of the person; 27 (ii) Stating the officer's legal cause to stop the person; 28 (iii) Stating the officer's legal cause to believe that the person 29 had been driving or was in actual physical control of a motor vehicle 30 while under the influence of alcohol, drugs or other intoxicating 31 substances in violation of the provisions of section 18-8004, 32 18-8004C or 18-8006, Idaho Code; 33 (iv) That the person was advised of the consequences of taking and 34 failing the evidentiary test as provided in subsection (2) of this 35 section; 36 (v) That the person was lawfully arrested; 37 (vi) That the person was tested for alcohol concentration, drugs or 38 other intoxicating substances as provided in this chapter, and that 39 the results of the test indicated an alcohol concentration or the 40 presence of drugs or other intoxicating substances in violation of 41 the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code. 42 A certified copy or duplicate original of the results of all tests for alcohol 43 concentration,drugs or other intoxicating substancesas shown by 44 analysis ofblood, urine orbreath administered at the direction 45 of the peace officer shall accompany theofficer's46 sworn statement of the officer. If an evidentiary test of 47 blood or urine was administered rather than a breath test, the peace officer 48 or the department shall serve the notice of suspension once the results are 49 received . The sworn statement required in this subsection shall be made 50 on forms in accordance with rules adopted by the department. 51 (c) The department may serve the person with a notice of suspension 52 if the peace officer failed to issue the notice of suspension or failed to 53 include the date of service as provided in subsection (4)(b) of this sec- 54 tion. 55 (6) Additional tests. After submitting to evidentiary testing at the 5 1 request of the peace officer, the person may, when practicable, at his own 2 expense, have additional tests for alcohol concentration or for the presence 3 of drugs or other intoxicating substances made by a person of his own choos- 4 ing. The person's failure or inability to obtain additional tests shall not 5 preclude admission of the results of evidentiary tests administered at the 6 direction of the peace officer unless additional testing was denied by the 7 peace officer. 8 (7) Administrative hearing on suspension. A person who has been served 9 with a notice of suspension after submitting to an evidentiary test may 10 request an administrative hearing on the suspension before a hearing officer 11 designated by the department. The request for hearing shall be in writing and 12 must be received by the department within seven (7) calendar days of the date 13 of service upon the person of the notice of suspension, and shall include what 14 issue or issues shall be raised at the hearing. The date on which the hearing 15 request was received shall be noted on the face of the request. 16 If a hearing is requested, the hearing shall be held within twenty (20) 17 days of the date the hearing request was received by the department unless 18 this period is, for good cause shown, extended by the hearing officer for one 19 ten (10) day period. Such extension shall not operate as a stay of the suspen- 20 sion and any temporary permit shall expire thirty (30) days after service of 21 the notice of suspension, notwithstanding an extension of the hearing date 22 beyond such thirty (30) day period. Written notice of the date and time of the 23 hearing shall be sent to the party requesting the hearing at least seven (7) 24 days prior to the scheduled hearing date. The department may conduct all hear- 25 ings by telephone if each participant in the hearing has an opportunity to 26 participate in the entire proceeding while it is taking place. 27 The hearing shall be recorded. The sworn statement of the arresting offi- 28 cer, and the copy of the notice of suspension and any temporary permit issued 29 by the officer shall be admissible at the hearing without further evidentiary 30 foundation. The results of any tests for alcohol concentration or the presence 31 of drugs or other intoxicating substances by analysis of blood, urine or 32 breath administered at the direction of the peace officer and the records 33 relating to calibration, certification, approval or quality control pertaining 34 to equipment utilized to perform the tests shall be admissible as provided in 35 section 18-8004(4), Idaho Code. The arresting officer shall not be required to 36 participate unless directed to do so by a subpoena issued by the hearing offi- 37 cer. 38 The burden of proof shall be on the person requesting the hearing. The 39 hearing officer shall not vacate the suspension unless he finds, by a prepon- 40 derance of the evidence, that: 41 (a) The peace officer did not have legal cause to stop the person; or 42 (b) The officer did not have legal cause to believe the person had been 43 driving or was in actual physical control of a vehicle while under the 44 influence of alcohol, drugs or other intoxicating substances in violation 45 of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code; or 46 (c) The test results did not show an alcohol concentration or the pres- 47 ence of drugs or other intoxicating substances in violation of section 48 18-8004, 18-8004C or 18-8006, Idaho Code; or 49 (d) The tests for alcohol concentration, drugs or other intoxicating sub- 50 stances administered at the direction of the peace officer were not con- 51 ducted in accordance with the requirements of section 18-8004(4), Idaho 52 Code, or the testing equipment was not functioning properly when the test 53 was administered; or 54 (e) The person was not informed of the consequences of submitting to evi- 55 dentiary testing as required in subsection (2) of this section. 6 1 If the hearing officer finds that the person has not met his burden of proof, 2 he shall sustain the suspension. The hearing officer shall make findings of 3 fact and conclusions of law on each issue and shall enter an order vacating or 4 sustaining the suspension. If the suspension is vacated, the person's driver's 5 license, unless unavailable by reason of an existing suspension, revocation, 6 cancellation, disqualification or denial shall be returned to him. The find- 7 ings of fact, conclusions of law and order entered by the hearing officer 8 shall be considered a final order pursuant to the provisions of chapter 52, 9 title 67, Idaho Code, except that motions for reconsideration of such order 10 shall be allowed and new evidence can be submitted. 11 The facts as found by the hearing officer shall be independent of the 12 determination of the same or similar facts in the adjudication of any criminal 13 charges arising out of the same occurrence. The disposition of those criminal 14 charges shall not affect the suspension required to be imposed under the pro- 15 visions of this section. If a license is suspended under this section and the 16 person is also convicted on criminal charges arising out of the same occur- 17 rence for a violation of the provisions of section 18-8004, 18-8004C or 18 18-8006, Idaho Code, both the suspension under this section and the suspension 19 imposed pursuant to the provisions of section 18-8005 or 18-8006, Idaho Code, 20 shall be imposed, but the periods of suspension shall run concurrently, with 21 the total period of suspension not to exceed the longer of the applicable sus- 22 pension periods, unless the court ordering the suspension in the criminal case 23 orders to the contrary. 24 (8) Judicial review. A party aggrieved by the decision of the hearing 25 officer may seek judicial review of the decision in the manner provided for 26 judicial review of final agency action provided in chapter 52, title 67, Idaho 27 Code. 28 (9) Restricted driving privileges. A person served with a notice of sus- 29 pension for ninety (90) days pursuant to this section may apply to the depart- 30 ment for restricted driving privileges, to become effective after the thirty 31 (30) day absolute suspension has been completed. The request may be made at 32 any time after service of the notice of suspension. Restricted driving privi- 33 leges will be issued for the person to travel to and from work and for work 34 purposes, to attend an alternative high school, work on a GED, for post- 35 secondary education, or to meet the medical needs of the person or his family 36 if the person is eligible for restricted driving privileges. 37 (10) Rules. The department may adopt rules under the provisions of chapter 38 52, title 67, Idaho Code, deemed necessary to implement the provisions of this 39 section. 40 SECTION 2. That Section 18-8005, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 18-8005. PENALTIES. (1) Any person who pleads guilty to or is found 43 guilty of a violation of the provisions of section 18-8004(1)(a) or (5), Idaho 44 Code, for the first time is guilty of a misdemeanor; and, except as provided 45 in section 18-8004C, Idaho Code: 46 (a) May be sentenced to jail for not to exceed six (6) months; 47 (b) May be fined an amount not to exceed one thousand dollars ($1,000); 48 (c) Shall be advised by the court in writing at the time of sentencing of 49 the penalties that will be imposed for subsequent violations of the provi- 50 sions of section 18-8004, Idaho Code, which advice shall be signed by the 51 defendant, and a copy retained by the court and another copy retained by 52 the prosecuting attorney; and 53 (d) Shall have his driving privileges suspended by the court for a period 7 1 of thirty (30) days which shall not be reduced and during which thirty 2 (30) day period absolutely no driving privileges of any kind may be 3 granted. After the thirty (30) day period of absolute suspension of driv- 4 ing privileges has passed, the defendant shall have driving privileges 5 suspended by the court for an additional period of at least sixty (60) 6 days, not to exceed one hundred fifty (150) days during which the defend- 7 ant may request restricted driving privileges which the court may allow, 8 if the defendant shows by a preponderance of the evidence that driving 9 privileges are necessary for his employment or for family health needs. 10 (2) Any person who pleads guilty to or is found guilty of a violation of 11 the provisions of section 18-8004(1)(b), Idaho Code, for the first time is 12 guilty of a misdemeanor and subject to: 13 (a) The provisions of section 18-8005(1) (a), (b) and (c) , 14 Idaho Code; and 15 (b) The provisions of section 49-335, Idaho Code. 16 (3) Any person who pleads guilty to or is found guilty of a violation of 17 the provisions of section 18-8004(1)(c), Idaho Code, for the first time, is 18 guilty of a misdemeanor and is subject to: 19 (a) The provisions of section 18-8005(1) (a), (b) and (c) , 20 Idaho Code; and 21 (b) The provisions of section 49-335, Idaho Code. 22 (4) Any person who pleads guilty to or is found guilty of a violation of 23 the provisions of section 18-8004(1)(a), (b) or (c), Idaho Code, who previ- 24 ously has been found guilty of or has pled guilty to a violation of the provi- 25 sions of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially 26 conforming foreign criminal violation within five (5) years, notwithstanding 27 the form of the judgment(s) or withheld judgment(s), and except as provided in 28 section 18-8004C, Idaho Code, is guilty of a misdemeanor; and, except as pro- 29 vided in section 18-8004C, Idaho Code: 30 (a) Shall be sentenced to jail for a mandatory minimum period of not less 31 than ten (10) days the first forty-eight (48) hours of which must be con- 32 secutive, and may be sentenced to not more than one (1) year, provided 33 however, that in the discretion of the sentencing judge, the judge may 34 authorize the defendant to be assigned to a work detail program within the 35 custody of the county sheriff during the period of incarceration; 36 (b) May be fined an amount not to exceed two thousand dollars ($2,000); 37 (c) Shall be advised by the court in writing at the time of sentencing, 38 of the penalties that will be imposed for subsequent violations of the 39 provisions of section 18-8004, Idaho Code, which advice shall be signed by 40 the defendant, and a copy retained by the court and another copy retained 41 by the prosecuting attorney; 42 (d) Shall surrender his driver's license or permit to the court; 43 (e) Shall have his driving privileges suspended by the court for an addi- 44 tional mandatory minimum period of one (1) year after release from con- 45 finement, during which one (1) year period absolutely no driving privi- 46 leges of any kind may be granted; and 47 (f) If the person has pled guilty or was found guilty for the second time 48 within five (5) years of a violation of the provisions of section 49 18-8004(1)(b) or (c), Idaho Code, then the provisions of section 49-335, 50 Idaho Code, shall apply. 51 (5) Except as provided in section 18-8004C, Idaho Code, any person who 52 pleads guilty to or is found guilty of a violation of the provisions of sec- 53 tion 18-8004(1)(a), (b) or (c), Idaho Code, who previously has been found 54 guilty of or has pled guilty to two (2) or more violations of the provisions 55 of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially con- 8 1 forming foreign criminal violation, or any combination thereof, within five 2 (5) years, notwithstanding the form of the judgment(s) or withheld 3 judgment(s), shall be guilty of a felony; and 4 (a) Shall be sentenced to the custody of the state board of correction 5 for not to exceed five (5) years; provided that notwithstanding the provi- 6 sions of section 19-2601, Idaho Code, should the court impose any sentence 7 other than incarceration in the state penitentiary, the defendant shall be 8 sentenced to the county jail for a mandatory minimum period of not less 9 than thirty (30) days, the first forty-eight (48) hours of which must be 10 consecutive; and further provided that notwithstanding the provisions of 11 section 18-111, Idaho Code, a conviction under this section shall be 12 deemed a felony; 13 (b) May be fined an amount not to exceed five thousand dollars ($5,000); 14 (c) Shall surrender his driver's license or permit to the court; and 15 (d) Shall have his driving privileges suspended by the court for a manda- 16 tory minimum period of one (1) year after release from imprisonment, and 17 may have his driving privileges suspended by the court for not to exceed 18 five (5) years after release from imprisonment, during which time he shall 19 have absolutely no driving privileges of any kind. 20 (6) For the purpose of computation of the enhancement period in subsec- 21 tions (4), (5) and (7) of this section, the time that elapses between the date 22 of commission of the offense and the date the defendant pleads guilty or is 23 found guilty for the pending offense shall be excluded. If the determination 24 of guilt against the defendant is reversed upon appeal, the time that elapsed 25 between the date of the commission of the offense and the date the defendant 26 pleads guilty or is found guilty following the appeal shall also be excluded. 27 (7) Notwithstanding the provisions of subsections (4) and (5) of this 28 section, any person who has pled guilty or has been found guilty of a felony 29 violation of the provisions of section 18-8004, Idaho Code, a felony violation 30 of the provisions of section 18-8004C, Idaho Code, a violation of the provi- 31 sions of section 18-8006, Idaho Code, or a violation of the provisions of sec- 32 tion 18-4006 3. (b), Idaho Code, and within ten (10) years pleads guilty or is 33 found guilty of a further violation of the provisions of section 18-8004, 34 Idaho Code, shall be guilty of a felony and shall be sentenced pursuant to 35 subsection (5) of this section. 36 (8) For the purpose of subsections (4) and (5) of this section and the 37 provisions of section 18-8004C, Idaho Code, a substantially conforming foreign 38 criminal violation exists when a person has pled guilty to or has been found 39 guilty of a violation of any federal law or law of another state, or any valid 40 county, city, or town ordinance of another state substantially conforming to 41 the provisions of section 18-8004, Idaho Code. The determination of whether a 42 foreign criminal violation is substantially conforming is a question of law to 43 be determined by the court. 44 (9) Any person who pleads guilty to or is found guilty of a violation of 45 the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, shall 46 undergo, at his own expense, (or at county expense through the procedures set 47 forth in chapters 34 and 35, title 31, Idaho Code,) and prior to the sentenc- 48 ing date, an alcohol evaluation by an alcohol evaluation facility approved by 49 the Idaho department of health and welfare. In the event the alcohol evalua- 50 tion indicates the need for alcohol treatment, the evaluation shall contain a 51 recommendation by the evaluator as to the most appropriate treatment program, 52 together with the estimated cost thereof, and recommendations for other suit- 53 able alternative treatment programs, together with the estimated costs 54 thereof. The person shall request that a copy of the completed evaluation be 55 forwarded to the court. The court shall take the evaluation into consideration 9 1 in determining an appropriate sentence. If a copy of the completed evaluation 2 has not been provided to the court, the court may proceed to sentence the 3 defendant; however, in such event, it shall be presumed that alcohol treatment 4 is required unless the defendant makes a showing by a preponderance of evi- 5 dence that treatment is not required. If the defendant has not made a good 6 faith effort to provide the completed copy of the evaluation to the court, the 7 court may consider the failure of the defendant to provide the report as an 8 aggravating circumstance in determining an appropriate sentence. If treatment 9 is ordered, in no event shall the person or facility doing the evaluation be 10 the person or facility that provides the treatment unless this requirement is 11 waived by the sentencing court, with the exception of federally recognized 12 Indian tribes or federal military installations, where diagnosis and treatment 13 are appropriate and available. Nothing herein contained shall preclude the use 14 of funds authorized pursuant to the provisions of chapter 3, title 39, Idaho 15 Code, for court-ordered alcohol treatment for indigent defendants. 16 (10) At the time of sentencing, the court shall be provided with the fol- 17 lowing information: 18 (a) The results, if administered, of any evidentiary test for alcohol 19 and/or drugs; 20 (b) A computer or teletype or other acceptable copy of the person's driv- 21 ing record; 22 (c) Information as to whether the defendant has pled guilty to or been 23 found guilty of violation of the provisions of section 18-8004, 18-8004C 24 or 18-8006, Idaho Code, or a similar offense within the past five (5) 25 years, notwithstanding the form of the judgment(s) or withheld 26 judgment(s); and 27 (d) The alcohol evaluation required in subsection (9) of this section, if 28 any. 29 (11) A minor may be prosecuted for a violation of the provisions of sec- 30 tion 18-8004 or 18-8004C, Idaho Code, under chapter 5, title 311620 , Idaho Code. In addition to any other penalty, 32 if a minor pleads guilty to or is found guilty of a violation of the provi- 33 sions of section 18-8004(1)(a), (b) or (c) or 18-8004C, Idaho Code, he shall 34 have his driving privileges suspended or denied for an additional one (1) year 35 following the end of any period of suspension or revocation existing at the 36 time of the violation, or until he reaches the age of twenty-one (21) years, 37 whichever period is greater. During the period of additional suspension or 38 denial, absolutely no driving privileges shall be allowed. 39 (12) In the event that the alcohol evaluation required in subsection (9) 40 of this section recommends alcohol treatment, the court shall order the person 41 to complete a treatment program in addition to any other sentence which may be 42 imposed, unless the court determines that alcohol treatment would be inappro- 43 priate or undesirable, in which event, the court shall enter findings articu- 44 lating the reasons for such determination on the record. The court shall order 45 the defendant to complete the preferred treatment program set forth in the 46 evaluation, or a comparable alternative, unless it appears that the defendant 47 cannot reasonably obtain adequate financial resources for such treatment. In 48 that event, the court may order the defendant to complete a less costly alter- 49 native set forth in the evaluation, or a comparable program. Such treatment 50 shall, to the greatest extent possible, be at the expense of the defendant. In 51 the event that funding is provided for or on behalf of the defendant by an 52 entity of state government, restitution shall be ordered to such governmental 53 entity in accordance with the restitution procedure for crime victims, as 54 specified under chapter 53, title 19, Idaho Code. Nothing contained herein 55 shall be construed as requiring a court to order that a governmental entity 10 1 shall provide alcohol treatment at government expense unless otherwise 2 required by law. 3 (13) Any person who is disqualified shall not be granted restricted driv- 4 ing privileges to operate a commercial motor vehicle.
STATEMENT OF PURPOSE
RS08448
The purpose of this legislation is to amend conflicting Idaho Code
sections to conform to the Administrative License Suspension
procedures that became effective January 1, 1998 with the passage
of HB 284 in the 1997 session. This legislation also includes;
amendments to driver's license suspension penalties involving
commercial vehicle operators that are in violation of alcohol
concentration between .04 and less than .08.
FISCAL IMPACT
This legislation has no fiscal impact; it is for clarification andfixes
the problem for the commercial vehicle operators regarding
suspension of driving privileges.
CONTACT
Name: Jane Caviness
Agency: Idaho Transportation Department~
Phone: 334-8700
Statement of Purpose/Fiscal Impact S1053