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H0621................................by JUDICIARY, RULES AND ADMINISTRATION
DRIVING UNDER THE INFLUENCE - Amends existing law to delete the misdemeanor
penalties for driving or operating a motor vehicle with a blood alcohol
concentration of 0.20 or more; and to delete the requirement that an
analysis of blood, breath or urine must be requested by a police officer.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 621
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO DRIVING A MOTOR VEHICLE WITH EXCESSIVE ALCOHOL CONCENTRATION;
3 AMENDING SECTION 18-8004C, IDAHO CODE, TO DELETE MISDEMEANOR PENALTIES FOR
4 DRIVING OR OPERATING A MOTOR VEHICLE WITH A BLOOD ALCOHOL CONCENTRATION OF
5 0.20 OR MORE AND TO DELETE THE REQUIREMENT THAT AN ANALYSIS OF BLOOD,
6 BREATH OR URINE MUST BE REQUESTED BY A POLICE OFFICER.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 18-8004C, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 18-8004C. EXCESSIVE ALCOHOL CONCENTRATION -- PENALTIES. Notwithstanding
11 any provision of section 18-8005, Idaho Code, to the contrary:
12 (1) Any person who pleads guilty to or is found guilty of a violation of
13 the provisions of section 18-8004(1)(a), Idaho Code, for the first time, but
14 who has an alcohol concentration of 0.20, as defined in section 18-8004(4),
15 Idaho Code, or more, as shown by an analysis of his blood, breath or urine by
16 a test requested by a police officer, shall be guilty of a misdemeanor; and:
17 (a) Shall be sentenced to jail for a mandatory minimum period of not less
18 than ten (10) days the first forty-eight (48) hours of which must be con-
19 secutive, and may be sentenced to not more than one (1) year;
20 (b) May be fined an amount not to exceed two thousand dollars ($2,000);
21 (c) Shall be advised by the court in writing at the time of sentencing,
22 of the penalties that will be imposed for subsequent violations of the
23 provisions of this section and violations of section 18-8004, Idaho Code,
24 which advice shall be signed by the defendant, and a copy retained by the
25 court and another copy retained by the prosecuting attorney;
26 (d) Shall surrender his driver's license or permit to the court;
27 (e) Shall have his driving privileges suspended by the court for an addi-
28 tional mandatory minimum period of one (1) year after release from con-
29 finement, during which one (1) year period absolutely no driving privi-
30 leges of any kind may be granted; and
31 (2) Any person who pleads guilty to or is found guilty of a violation of
32 the provisions of section 18-8004, Idaho Code, and: (i) who has an alcohol
33 concentration of 0.20, as defined in section 18-8004(4), Idaho Code, or more,
34 as shown by an analysis of his blood, breath or urine; by a test requested by
35 a police officer, and or (ii) who previously has been found guilty of or has
36 pled guilty to one (1) or more violations of section 18-8004, Idaho Code, in
37 which the person had an alcohol concentration of 0.20 or more, or any substan-
38 tially conforming foreign criminal violation wherein the defendant had an
39 alcohol concentration of 0.20 or more, or any combination thereof, within five
40 (5) years, notwithstanding the form of judgment or withheld judgment, shall be
41 guilty of a felony; and:
42 (a) Shall be sentenced to the custody of the state board of correction
43 for not to exceed five (5) years; provided that notwithstanding the provi-
2
1 sions of section 19-2601, Idaho Code, should the court impose any sentence
2 other than incarceration in the state penitentiary, the defendant shall be
3 sentenced to the county jail for a mandatory minimum period of not less
4 than thirty (30) days; and further provided that notwithstanding the pro-
5 visions of section 18-111, Idaho Code, a conviction under this section
6 shall be deemed a felony;
7 (b) May be fined an amount not to exceed five thousand dollars ($5,000);
8 (c) Shall surrender his driver's license or permit to the court; and
9 (d) Shall have his driving privileges suspended by the court for a manda-
10 tory minimum period of one (1) year after release from imprisonment, and
11 may have his driving privileges suspended by the court for not to exceed
12 five (5) years after release from imprisonment, during which time he shall
13 have absolutely no driving privileges of any kind; and
14 (e) Shall, while operating a motor vehicle, be required to drive only a
15 motor vehicle equipped with a functioning ignition interlock system, as
16 provided in section 18-8008, Idaho Code, following the mandatory license
17 suspension period.
18 (32) All the provisions of section 18-8005, Idaho Code, not in conflict
19 with or otherwise provided for in this section, shall apply to this section.
20 (43) Notwithstanding any other provision of law, any evidence of convic-
21 tion under this section shall be admissible in any civil action for damages
22 resulting from the occurrence. A conviction for the purposes of this section
23 means that the person has pled guilty or has been found guilty, notwithstand-
24 ing the form of the judgment or withheld judgment.
STATEMENT OF PURPOSE
RS 11538C1
This legislation seeks to strengthen Idaho’s drunk driving laws
by changing the conviction of individuals pleading guilty or
being found guilty of a violation under the provisions of section
18-8004, Idaho Code. Individuals with an alcohol concentration
of greater than 0.20 shall be guilty of a felony instead of a
misdemeanor. This legislation will also increase the penalty
that a court may impose for those found to be guilty of operating
a motor vehicle with a blood alcohol content greater than 0.20.
The intent is to make our roads and highways safer.
FISCAL IMPACT
The increased cost to incarcerate any offender sentenced to state
prison under this act would be approximately $19,345 using FY
2001 actual cost per bed.
Contact
Name: Representative Gary Young
Phone: 332-1000
Representative Tom Trail 332-1000
Molly Cox, MADD
STATEMENT OF PURPOSE/FISCAL NOTE H 621