2002 Legislation
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SENATE BILL NO. 1331 – MV, DUI, marijuana included

SENATE BILL NO. 1331

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



S1331................................................by JUDICIARY AND RULES
DRIVING UNDER THE INFLUENCE - MARIJUANA - Amends existing law to clarify
that it is unlawful for any person who is under the influence of marijuana
to drive a motor vehicle.
                                                                        
01/29    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1331
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; AMENDING  SECTION
  3        18-8004,  IDAHO CODE, TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON WHO IS
  4        UNDER THE INFLUENCE OF MARIJUANA OR ALCOHOL AND MARIJUANA TO DRIVE  OR  BE
  5        IN ACTUAL PHYSICAL CONTROL OF A MOTOR VEHICLE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 18-8004, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        18-8004.  PERSONS UNDER THE INFLUENCE  OF  ALCOHOL,  DRUGS  OR  ANY  OTHER
 10    INTOXICATING SUBSTANCES.
 11        (1)  (a)  It  is  unlawful  for  any  person who is under the influence of
 12        alcohol, drugs or any other intoxicating substances, or who has an alcohol
 13        concentration of 0.08, as defined in subsection (4) of this  section,   or
 14        more,  as shown by analysis of his blood, urine, or breath, to drive or be
 15        in actual physical control of a motor vehicle within this  state,  whether
 16        upon  a highway, street or bridge, or upon public or private property open
 17        to the public.
 18        (b)  It is unlawful for any person who is under the influence of  alcohol,
 19        drugs  or any other intoxicating substances, or who has an alcohol concen-
 20        tration of 0.04 or higher but less than 0.08, as defined in subsection (4)
 21        of this section, as shown by analysis of his blood, urine, or  breath,  to
 22        drive  or  be  in  actual  physical  control of a commercial motor vehicle
 23        within this state, whether upon a highway, street or bridge, or upon  pub-
 24        lic or private property open to the public.
 25        (c)  It  is unlawful for any person who is under the influence of alcohol,
 26        drugs or any other intoxicating substances, or who has an alcohol  concen-
 27        tration  of  0.08 or higher, as defined in subsection (4) of this section,
 28        as shown by analysis of his blood, urine, or breath, to  drive  or  be  in
 29        actual  physical  control of a commercial motor vehicle within this state,
 30        whether upon a highway, street or bridge, or upon public or private  prop-
 31        erty open to the public.
 32        (d)  It  is  unlawful  for any person under the age of twenty-one (21) who
 33        has an alcohol concentration of at least  0.02  but  less  than  0.08,  as
 34        defined in subsection (4) of this section, to drive or be in actual physi-
 35        cal  control of a motor vehicle within this state, whether upon a highway,
 36        street or bridge, or upon public or private property open to  the  public.
 37        Any  person  violating  this  subsection shall be subject to the penalties
 38        provided in section 18-8004A, Idaho Code.
 39        (2)  Any person having an alcohol concentration  of  less  than  0.08,  as
 40    defined  in subsection (4) of this section, as shown by analysis of his blood,
 41    urine, or breath, by a test requested by a police officer shall not be  prose-
 42    cuted  for  driving under the influence of alcohol, except as provided in sub-
 43    section (3), subsection (1)(b) or subsection (1)(d) of this section. Any  per-
                                                                        
                                           2
                                                                        
  1    son  who does not take a test to determine alcohol concentration or whose test
  2    result is determined by the court to be  unreliable  or  inadmissible  against
  3    him,  may  be  prosecuted for driving or being in actual physical control of a
  4    motor vehicle while  under the influence  of  alcohol,  drugs,  or  any  other
  5    intoxicating substances,  on other competent evidence.
  6        (3)  If  the  results  of  the  test  requested by a police officer show a
  7    person's  alcohol concentration of less than 0.08, as  defined  in  subsection
  8    (4) of this section, such fact may be considered with other competent evidence
  9    of  drug  use  other than alcohol in determining the guilt or innocence of the
 10    defendant.
 11        (4)  For purposes of this chapter, an evidentiary test for alcohol concen-
 12    tration shall be based upon a formula of grams  of  alcohol  per  one  hundred
 13    (100)  cubic  centimeters of blood, per two hundred ten (210) liters of breath
 14    or sixty-seven (67) milliliters of urine. Analysis of blood, urine  or  breath
 15    for the purpose of determining the alcohol concentration shall be performed by
 16    a laboratory operated by the Idaho state police or by a laboratory approved by
 17    the  Idaho  state  police  under  the provisions of approval and certification
 18    standards to be set by that department, or by any other method approved by the
 19    Idaho state police.  Notwithstanding any other provision of  law  or  rule  of
 20    court,  the results of any test for alcohol concentration and records relating
 21    to calibration, approval, certification or quality control performed by a lab-
 22    oratory operated or approved by the Idaho state police or by any other  method
 23    approved  by  the  Idaho state police shall be admissible in any proceeding in
 24    this state without the necessity of producing a witness to establish the reli-
 25    ability of the testing procedure for examination.
 26        (5)  It is unlawful for any person who is an habitual user  of,  or  under
 27    the influence of any narcotic drug, or who is under the influence of marijuana
 28    or any other drug or any combination of alcohol and marijuana or any drug to a
 29    degree  which  impairs the driver's ability to safely operate a motor vehicle,
 30    to drive or be in actual physical control  of  a  motor  vehicle  within  this
 31    state,  whether  upon  a  highway, street or bridge, or upon public or private
 32    property open to public use. The fact that any person charged with a violation
 33    of the provisions of this subsection is or has been entitled to use such  drug
 34    under the laws of this state shall not constitute a defense against any charge
 35    of a violation of the provisions of this subsection.
 36        (6)  "Actual  physical  control" as used in this section, shall be defined
 37    as being in the driver's position of the motor vehicle with the motor  running
 38    or with the motor vehicle moving.
 39        (7)  Notwithstanding  any  other provision of law, any evidence of convic-
 40    tion under this section shall be admissible in any civil  action  for  damages
 41    resulting  from  the occurrence. A conviction for the purposes of this section
 42    means that the person has pled guilty or has been found guilty,  notwithstand-
 43    ing the form of the judgment(s) or withheld judgment(s).

Statement of Purpose / Fiscal Impact


	                  STATEMENT OF PURPOSE		

                              RS11709


This proposed legislation will make technical changes to Section 
18-8004, Idaho Code, as it relates driving a vehicle under the 
influence of intoxicating substances and declares an emergency.

In United States v. Patzer, the United States Court of Appeals for 
the Ninth Circuit ruled that under subsection (5) of Section 18-8004 
of the Idaho Code, anyone under the influence of marijuana can 
lawfully operate a motor vehicle in the State of Idaho provided the 
driver’s ability to operate the vehicle is not impaired. This 
statutory interpretation has created an internal inconsistency with 
Section 18-8004(1), which prohibits the operation of a motor vehicle 
under the influence of drugs or intoxicating substances.

The legislation will clarify that under Idaho law, merely driving 
or being in actual physical control of a motor vehicle under the 
influence of drugs or intoxicating substances, including marijuana, 
is a crime. The legislation eliminates former subsection (5) of 
18-8004 which requires proof of impairment of the driver’s ability 
to safely operate the vehicle, notwithstanding evidence that the 
operator is under the influence of drugs or alcohol.


                          FISCAL IMPACT

No financial impact.





Contact
Name:	Michael Bogert
	Office of the Governor
Phone:	(208) 334-2100

 		                                S 1331