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S1421................................................by JUDICIARY AND RULES
DRIVING UNDER THE INFLUENCE - Amends existing law to provide references to
combinations of intoxicating substances; and to provide that the fact a
person charged with driving under the influence of a drug is legally
entitled to use such drug shall not constitute a defense against certain
charges.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- Branch(Bartlett)
Floor Sponsor - Risch
Title apvd - to House
03/06 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
Rls susp - PASSED - 63-0-7
AYES -- Barraclough, Barrett, Bedke, Bell, Black, Block, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Collins, Crow, Cuddy, Denney,
Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould,
Hadley, Hammond, Harwood, Henbest, Hornbeck, Jaquet, Jones, Kendell,
Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer,
Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
Smith(33), Smith(23), Smylie, Stevenson, Tilman, Trail, Wheeler,
Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Aikele, Bieter, Clark, Deal, Higgins, Kellogg,
Stone
Floor Sponsor - Field(13)
Title apvd - to Senate
03/14 To enrol
03/15 Rpt enrol - Pres signed - Sp signed
03/18 To Governor
03/22 Governor signed
Session Law Chapter 253
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1421
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO PERSONS UNDER THE INFLUENCE OF INTOXICATING SUBSTANCES; AMENDING
3 SECTION 18-8004, IDAHO CODE, TO PROVIDE REFERENCES TO COMBINATIONS OF
4 ALCOHOL, DRUGS AND OTHER INTOXICATING SUBSTANCES AND TO PROVIDE THAT THE
5 FACT THAT A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE OF A DRUG IS
6 OR HAS BEEN LEGALLY ENTITLED TO USE SUCH DRUG SHALL NOT CONSTITUTE A
7 DEFENSE AGAINST CERTAIN CHARGES AND TO MAKE A TECHNICAL CORRECTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 18-8004, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 18-8004. PERSONS UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER
12 INTOXICATING SUBSTANCES.
13 (1) (a) It is unlawful for any person who is under the influence of
14 alcohol, drugs or any other intoxicating substances, or any combination of
15 alcohol, drugs and/or any other intoxicating substances, or who has an
16 alcohol concentration of 0.08, as defined in subsection (4) of this sec-
17 tion, or more, as shown by analysis of his blood, urine, or breath, to
18 drive or be in actual physical control of a motor vehicle within this
19 state, whether upon a highway, street or bridge, or upon public or private
20 property open to the public.
21 (b) It is unlawful for any person who is under the influence of alcohol,
22 drugs or any other intoxicating substances, or any combination of alcohol,
23 drugs and/or any other intoxicating substances, or who has an alcohol con-
24 centration of 0.04 or higher but less than 0.08, as defined in subsection
25 (4) of this section, as shown by analysis of his blood, urine, or breath,
26 to drive or be in actual physical control of a commercial motor vehicle
27 within this state, whether upon a highway, street or bridge, or upon pub-
28 lic or private property open to the public.
29 (c) It is unlawful for any person who is under the influence of alcohol,
30 drugs or any other intoxicating substances, or any combination of alcohol,
31 drugs and/or any other intoxicating substances, or who has an alcohol con-
32 centration of 0.08 or higher, as defined in subsection (4) of this sec-
33 tion, as shown by analysis of his blood, urine, or breath, to drive or be
34 in actual physical control of a commercial motor vehicle within this
35 state, whether upon a highway, street or bridge, or upon public or private
36 property open to the public.
37 (d) It is unlawful for any person under the age of twenty-one (21) years
38 who has an alcohol concentration of at least 0.02 but less than 0.08, as
39 defined in subsection (4) of this section, to drive or be in actual physi-
40 cal control of a motor vehicle within this state, whether upon a highway,
41 street or bridge, or upon public or private property open to the public.
42 Any person violating this subsection shall be subject to the penalties
43 provided in section 18-8004A, Idaho Code.
2
1 (2) Any person having an alcohol concentration of less than 0.08, as
2 defined in subsection (4) of this section, as shown by analysis of his blood,
3 urine, or breath, by a test requested by a police officer shall not be prose-
4 cuted for driving under the influence of alcohol, except as provided in sub-
5 section (3), subsection (1)(b) or subsection (1)(d) of this section. Any per-
6 son who does not take a test to determine alcohol concentration or whose test
7 result is determined by the court to be unreliable or inadmissible against
8 him, may be prosecuted for driving or being in actual physical control of a
9 motor vehicle while under the influence of alcohol, drugs, or any other
10 intoxicating substances, on other competent evidence.
11 (3) If the results of the test requested by a police officer show a
12 person's alcohol concentration of less than 0.08, as defined in subsection (4)
13 of this section, such fact may be considered with other competent evidence of
14 drug use other than alcohol in determining the guilt or innocence of the
15 defendant.
16 (4) For purposes of this chapter, an evidentiary test for alcohol concen-
17 tration shall be based upon a formula of grams of alcohol per one hundred
18 (100) cubic centimeters of blood, per two hundred ten (210) liters of breath
19 or sixty-seven (67) milliliters of urine. Analysis of blood, urine or breath
20 for the purpose of determining the alcohol concentration shall be performed by
21 a laboratory operated by the Idaho state police or by a laboratory approved by
22 the Idaho state police under the provisions of approval and certification
23 standards to be set by that department, or by any other method approved by the
24 Idaho state police. Notwithstanding any other provision of law or rule of
25 court, the results of any test for alcohol concentration and records relating
26 to calibration, approval, certification or quality control performed by a lab-
27 oratory operated or approved by the Idaho state police or by any other method
28 approved by the Idaho state police shall be admissible in any proceeding in
29 this state without the necessity of producing a witness to establish the reli-
30 ability of the testing procedure for examination.
31 (5) It is unlawful for any person who is an habitual user of, or under
32 the influence of any narcotic drug, or who is under the influence of any other
33 drug or any combination of alcohol and any drug to a degree which impairs the
34 driver's ability to safely operate a motor vehicle, to drive or be in actual
35 physical control of a motor vehicle within this state, whether upon a highway,
36 street or bridge, or upon public or private property open to public use. The
37 fact that any person charged with a violation of the provisions of this sub-
38 section is or has been entitled to use such drug under the laws of this state
39 shall not constitute a defense against any charge of a violation of the provi-
40 sions of this subsection.
41 (6) "Actual physical control" as used in this section, shall be defined
42 as being in the driver's position of the motor vehicle with the motor running
43 or with the motor vehicle moving.
44 (76) Notwithstanding any other provision of law, any evidence of convic-
45 tion under this section shall be admissible in any civil action for damages
46 resulting from the occurrence. A conviction for the purposes of this section
47 means that the person has pled guilty or has been found guilty, notwithstand-
48 ing the form of the judgment(s) or withheld judgment(s).
49 (7) The fact that any person charged with a violation of the provisions
50 of this chapter involving being under the influence of any drug, or any combi-
51 nation of drugs with alcohol or any other intoxicating substance, is or has
52 been entitled to use such drug under the laws of this state or of any other
53 jurisdiction shall not constitute a defense against any charge of a violation
54 of the provisions of this chapter.
STATEMENT OF PURPOSE
RS11975
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
STATEMENT OF PURPOSE/FISCAL NOTE S 1421