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H0582................................by JUDICIARY, RULES AND ADMINISTRATION
DRIVING UNDER THE INFLUENCE - Amends existing law relating to driving under
the influence of intoxicating substances to provide for a civil penalty for
refusal to submit to evidentiary testing; and to provide for the
distribution and collection of penalty moneys.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 47-19-4
AYES -- Andrus, Barraclough, Bastian, Bell, Bilbao, Black, Block,
Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Deal, Ellsworth,
Field(18), Field(23), Garrett, Harwood, Henbest, Henderson, Jaquet,
Kemp, Loertscher, Mathews, McGeachin, Miller, Mitchell, Moyle,
Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche,
Rydalch, Sali(Sali), Sayler, Shepherd(2), Shirley, Skippen,
Smith(30), Snodgrass, Stevenson, Trail, Wills
NAYS -- Anderson, Barrett, Bayer, Boe, Collins, Crow, Hart, Lake,
LeFavour, Martinez, McKague, Nonini, Roberts, Schaefer, Shepherd(8),
Smith(24), Smylie(Luker), Wood, Mr. Speaker
Absent and excused -- Bedke, Denney, Edmunson, Eskridge
Floor Sponsor - Ring
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Jud
03/07 Rpt out - to 14th Ord
03/16 Rpt out - w/o amen - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark),
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, 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 -- None
Floor Sponsor - Bunderson
Title apvd - to House
03/23 To enrol
03/24 Rpt enrol - Sp signed
03/27 Pres signed
03/28 To Governor
03/30 Governor signed
Session Law Chapter 224
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 582
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING SUBSTANCES; AMENDING
3 SECTION 18-8002, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE, TO PROVIDE
4 FOR A CIVIL PENALTY FOR REFUSAL TO SUBMIT TO EVIDENTIARY TESTING AND TO
5 PROVIDE FOR THE DISTRIBUTION AND COLLECTION OF PENALTY MONEYS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 18-8002, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-8002. TESTS OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR
10 OTHER INTOXICATING SUBSTANCES -- PENALTY AND SUSPENSION UPON REFUSAL OF TESTS.
11 (1) Any person who drives or is in actual physical control of a motor vehicle
12 in this state shall be deemed to have given his consent to evidentiary testing
13 for concentration of alcohol as defined in section 18-8004, Idaho Code, and to
14 have given his consent to evidentiary testing for the presence of drugs or
15 other intoxicating substances, provided that such testing is administered at
16 the request of a peace officer having reasonable grounds to believe that per-
17 son has been driving or in actual physical control of a motor vehicle in
18 violation of the provisions of section 18-8004, Idaho Code, or section
19 18-8006, Idaho Code.
20 (2) Such person shall not have the right to consult with an attorney
21 before submitting to such evidentiary testing.
22 (3) At the time evidentiary testing for concentration of alcohol, or for
23 the presence of drugs or other intoxicating substances is requested, the per-
24 son shall be informed that if he refuses to submit to or if he fails to com-
25 plete, evidentiary testing:
26 (a) He is subject to a civil penalty of two hundred fifty dollars ($250)
27 for refusing to take the test;
28 (b) His driver's license will be seized by the peace officer and a tempo-
29 rary permit will be issued; provided, however, that no peace officer shall
30 issue a temporary permit pursuant to this section to a driver whose dri-
31 ver's license or permit has already been and is suspended or revoked
32 because of previous violations, and in no instance shall a temporary per-
33 mit be issued to a driver of a commercial vehicle who refuses to submit to
34 or fails to complete an evidentiary test;
35 (bc) He has the right to request a hearing within seven (7) days to show
36 cause why he refused to submit to, or complete evidentiary testing;
37 (cd) If he does not request a hearing or does not prevail at the hearing,
38 the court shall sustain the civil penalty and his driver's license will be
39 suspended absolutely for one hundred eighty (180) days if this is his
40 first refusal and one (1) year if this is his second refusal within five
41 (5) years; and
42 (de) After submitting to evidentiary testing he may, when practicable, at
43 his own expense, have additional tests made by a person of his own choos-
2
1 ing.
2 (4) If the motorist refuses to submit to or complete evidentiary testing
3 after the information has been given in accordance with subsection (3) above:
4 (a) His He shall be fined a civil penalty of two hundred fifty dollars
5 ($250) and his driver's license or permit shall be seized by the peace
6 officer and forwarded to the court and a temporary permit shall be issued
7 by the peace officer which allows him to operate a motor vehicle until the
8 date of his hearing, if a hearing is requested, but in no event for more
9 than thirty (30) days; provided, however, that no peace officer shall
10 issue a temporary permit pursuant to this section to a driver whose dri-
11 ver's license or permit has already been and is suspended or revoked
12 because of previous violations and in no instance shall a temporary permit
13 be issued to a driver of a commercial vehicle who refuses to submit to or
14 fails to 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 sustain a two hundred fifty dollar ($250) civil penalty immediately
25 and suspend all his the defendant's driving privileges immediately for one
26 hundred eighty (180) days for a first refusal and one (1) year for a sec-
27 ond refusal within five (5) years unless it finds that the peace officer
28 did not have legal cause to stop and request him to take the test or that
29 the request violated his civil rights;
30 (c) If a hearing is not requested by written notice to the court con-
31 cerned within seven (7) calendar days, upon receipt of a sworn statement
32 by the peace officer of the circumstances of the refusal, the court shall
33 sustain a two hundred fifty dollar ($250) civil penalty and suspend his
34 the defendant's driving privileges for one hundred eighty (180) days for a
35 first refusal and one (1) year for a second refusal within five (5) years,
36 during which time he shall have absolutely no driving privileges of any
37 kind; and
38 (d) After submitting to evidentiary testing at the request of the peace
39 officer, he may, when practicable, at his own expense, have additional
40 tests made by a person of his own choosing. The failure or inability to
41 obtain an additional test or tests by a person shall not preclude the
42 admission of results of evidentiary testing for alcohol concentration or
43 for the presence of drugs or other intoxicating substances taken at the
44 direction of the peace officer unless the additional test was denied by
45 the peace officer.
46 (5) Any sustained civil penalty or suspension of driving privileges under
47 this section or section 18-8002A, Idaho Code, shall be a civil penalty sepa-
48 rate and apart from any other suspension imposed for a violation of other
49 Idaho motor vehicle codes or for a conviction of an offense pursuant to this
50 chapter, and may be appealed to the district court.
51 (6) No hospital, hospital officer, agent, or employee, or health care
52 professional licensed by the state of Idaho, whether or not such person has
53 privileges to practice in the hospital in which a body fluid sample is
54 obtained or an evidentiary test is made, shall incur any civil or criminal
55 liability for any act arising out of administering an evidentiary test for
3
1 alcohol concentration or for the presence of drugs or other intoxicating sub-
2 stances at the request or order of a peace officer in the manner described in
3 this section and section 18-8002A, Idaho Code: provided, that nothing in this
4 section shall relieve any such person or legal entity from civil liability
5 arising from the failure to exercise the community standard of care.
6 (a) This immunity extends to any person who assists any individual to
7 withdraw a blood sample for evidentiary testing at the request or order of
8 a peace officer, which individual is authorized to withdraw a blood sam-
9 ple under the provisions of section 18-8003, Idaho Code, regardless of the
10 location where the blood sample is actually withdrawn.
11 (b) A peace officer is empowered to order an individual authorized in
12 section 18-8003, Idaho Code, to withdraw a blood sample for evidentiary
13 testing when the peace officer has probable cause to believe that the sus-
14 pect has committed any of the following offenses:
15 (i) Aggravated driving under the influence of alcohol, drugs or
16 other intoxicating substance as provided in section 18-8006, Idaho
17 Code;
18 (ii) Vehicular manslaughter as provided in subsections (3)(a), (b)
19 and (c) of section 18-4006, Idaho Code;
20 (iii) Aggravated operating of a vessel on the waters of the state
21 while under the influence of alcohol, drugs or other intoxicating
22 substances as provided in section 67-7035, Idaho Code; or
23 (iv) Any criminal homicide involving a vessel on the waters of the
24 state while under the influence of alcohol, drugs or other intoxicat-
25 ing substances.
26 (c) Nothing herein shall limit the discretion of the hospital administra-
27 tion to designate the qualified hospital employee responsible to withdraw
28 the blood sample.
29 (d) The law enforcement agency that requests or orders withdrawal of the
30 blood sample shall pay the reasonable costs to withdraw such blood sample,
31 perform laboratory analysis, preserve evidentiary test results, and tes-
32 tify in judicial proceedings.
33 (e) The withdrawal of the blood sample may be delayed or terminated if:
34 (i) In the reasonable judgment of the hospital personnel withdrawal
35 of the blood sample may result in serious bodily injury to hospital
36 personnel or other patients; or
37 (ii) The licensed health care professional treating the suspect
38 believes the withdrawal of the blood sample is contraindicated
39 because of the medical condition of the suspect or other patients.
40 (7) "Actual physical control" as used in this section and section
41 18-8002A, Idaho Code, shall be defined as being in the driver's position of
42 the motor vehicle with the motor running or with the motor vehicle moving.
43 (8) Any written notice required by this section shall be effective upon
44 mailing.
45 (9) For the purposes of this section and section 18-8002A, Idaho Code,
46 "evidentiary testing" shall mean a procedure or test or series of procedures
47 or tests, including the additional test authorized in subsection (10) of this
48 section, utilized to determine the concentration of alcohol or the presence of
49 drugs or other intoxicating substances in a person.
50 (10) A person who submits to a breath test for alcohol concentration, as
51 defined in subsection (4) of section 18-8004, Idaho Code, may also be
52 requested to submit to a second evidentiary test of blood or urine for the
53 purpose of determining the presence of drugs or other intoxicating substances
54 if the peace officer has reasonable cause to believe that a person was driving
55 under the influence of any drug or intoxicating substance or the combined
4
1 influence of alcohol and any drug or intoxicating substance. The peace officer
2 shall state in his or her report the facts upon which that belief is based.
3 (11) Notwithstanding any other provision of law to the contrary, the civil
4 penalty imposed under the provisions of this section must be paid, as ordered
5 by the court, to the county justice fund or the county current expense fund
6 where the incident occurred. If a person does not pay the civil penalty
7 imposed as provided in this section within thirty (30) days of the imposition,
8 unless this period has been extended by the court for good cause shown, the
9 prosecuting attorney representing the political subdivision where the incident
10 occurred may petition the court in the jurisdiction where the incident
11 occurred to file the order imposing the civil penalty as an order of the
12 court. Once entered, the order may be enforced in the same manner as a final
13 judgment of the court. In addition to the civil penalty, attorney's fees,
14 costs and interest may be assessed against any person who fails to pay the
15 civil penalty.
STATEMENT OF PURPOSE
RS 15775
The purpose of this legislation is to provide for a civil penalty
for refusal to submit to evidentiary testing for alcohol or
drugs, and to provide for the collection and distribution of
penalty monies.
FISCAL NOTE
No cost to the general fund.
Contact
Name: Representative Ring
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 582