2007 Legislation
Print Friendly

HOUSE BILL NO. 254 – DUI, offender, drug court, driving

HOUSE BILL NO. 254

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0254......................................................by STATE AFFAIRS
DRIVING UNDER THE INFLUENCE - DRUG COURT - Amends existing law relating to
driving under the influence to provide that certain offenders enrolled in
drug court shall be eligible for restricted driving privileges under
certain conditions; to revise information required to be given to
offenders; to revise penalties for excessive alcohol concentration; and to
revise penalties related to driving under the influence of alcohol, drugs
or other intoxicating substances.
                                                                        
03/01    House intro - 1st rdg - to printing
03/02    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 254
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DRIVING UNDER THE INFLUENCE; AMENDING SECTION 18-8002, IDAHO CODE,
  3        TO PROVIDE THAT CERTAIN OFFENDERS ENROLLED IN DRUG COURT SHALL BE ELIGIBLE
  4        FOR RESTRICTED DRIVING PRIVILEGES UNDER CERTAIN  CONDITIONS  AND  TO  MAKE
  5        TECHNICAL  CORRECTIONS;  AMENDING  SECTION 18-8002A, IDAHO CODE, TO REVISE
  6        INFORMATION REQUIRED TO BE GIVEN TO OFFENDERS,  TO  PROVIDE  THAT  CERTAIN
  7        OFFENDERS  ENROLLED IN DRUG COURT SHALL BE ELIGIBLE FOR RESTRICTED DRIVING
  8        PRIVILEGES UNDER CERTAIN CONDITIONS AND  TO  MAKE  TECHNICAL  CORRECTIONS;
  9        AMENDING  SECTION 18-8004A, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES
 10        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-8004C, IDAHO  CODE,
 11        TO  REVISE  PENALTIES  FOR  EXCESSIVE  ALCOHOL CONCENTRATION AND TO MAKE A
 12        TECHNICAL CORRECTION; AND AMENDING SECTION 18-8005, IDAHO CODE, TO  REVISE
 13        PENALTIES  RELATED  TO  DRIVING  UNDER  THE INFLUENCE OF ALCOHOL, DRUGS OR
 14        OTHER INTOXICATING SUBSTANCES AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION 1.  That Section 18-8002, Idaho Code, be, and the same  is  hereby
 17    amended to read as follows:
                                                                        
 18        18-8002.  TESTS  OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR
 19    OTHER INTOXICATING SUBSTANCES -- PENALTY AND SUSPENSION UPON REFUSAL OF TESTS.
 20    (1) Any person who drives or is in actual physical control of a motor  vehicle
 21    in this state shall be deemed to have given his consent to evidentiary testing
 22    for concentration of alcohol as defined in section 18-8004, Idaho Code, and to
 23    have  given  his  consent  to evidentiary testing for the presence of drugs or
 24    other intoxicating substances, provided that such testing is  administered  at
 25    the  request of a peace officer having reasonable grounds to believe that per-
 26    son has been driving or in actual physical  control  of  a  motor  vehicle  in
 27    violation  of  the   provisions   of  section  18-8004, Idaho Code, or section
 28    18-8006, Idaho Code.
 29        (2)  Such person shall not have the right  to  consult  with  an  attorney
 30    before submitting to such evidentiary testing.
 31        (3)  At  the time evidentiary testing for concentration of alcohol, or for
 32    the presence of drugs or other intoxicating substances is requested, the  per-
 33    son  shall  be informed that if he refuses to submit to or if he fails to com-
 34    plete, evidentiary testing:
 35        (a)  He is subject to a civil penalty of two hundred fifty dollars  ($250)
 36        for refusing to take the test;
 37        (b)  His driver's license will be seized by the peace officer and a tempo-
 38        rary permit will be issued; provided, however, that no peace officer shall
 39        issue  a  temporary permit pursuant to this section to a driver whose dri-
 40        ver's license or permit has already  been  and  is  suspended  or  revoked
 41        because  of previous violations, and in no instance shall a temporary per-
 42        mit be issued to a driver of a commercial vehicle who refuses to submit to
 43        or fails to complete an evidentiary test;
                                                                        
                                       2
                                                                        
  1        (c)  He has the right to request a hearing within seven (7) days  to  show
  2        cause why he refused to submit to, or complete evidentiary testing;
  3        (d)  If  he does not request a hearing or does not prevail at the hearing,
  4        the court shall sustain the civil penalty and his driver's license will be
  5        suspended absolutely for one (1) year if this is his first refusal and two
  6        (2) years if this is his second refusal within ten (10) years; and
  7        (e)  Provided however, if he is enrolled in and is  an  offender  in  good
  8        standing in a drug court, as provided in chapter 56, title 19, Idaho Code,
  9        he shall be eligible for restricted driving privileges that may be granted
 10        by  the  drug  court  judge, provided that the offender drive only a motor
 11        vehicle equipped with a functioning ignition interlock  system.  He  shall
 12        become eligible for restricted driving privileges only after having served
 13        a  period of absolute suspension of driving privileges of sixty (60) days;
 14        and
 15        (f)  After submitting to evidentiary testing he may, when practicable,  at
 16        his  own expense, have additional tests made by a person of his own choos-
 17        ing.
 18        (4)  If the motorist refuses to submit to or complete evidentiary  testing
 19    after the information has been given in accordance with subsection (3) above:
 20        (a)  He shall be fined a civil penalty of two hundred fifty dollars ($250)
 21        and  his  driver's  license or permit shall be seized by the peace officer
 22        and forwarded to the court and a temporary permit shall be issued  by  the
 23        peace  officer  which allows him to operate a motor vehicle until the date
 24        of his hearing, if a hearing is requested, but in no event for  more  than
 25        thirty  (30)  days; provided, however, that no peace officer shall issue a
 26        temporary permit pursuant to this  section  to  a  driver  whose  driver's
 27        license  or permit has already been and is suspended or revoked because of
 28        previous violations and in no instance shall a temporary permit be  issued
 29        to  a  driver of a commercial vehicle who refuses to submit to or fails to
 30        complete an evidentiary test;
 31        (b)  A written request may be made within seven (7) calendar  days  for  a
 32        hearing  before  the  court; if requested, the hearing must be held within
 33        thirty (30) days of the seizure unless this  period  is,  for  good  cause
 34        shown,  extended  by  the  court  for  one  (1) additional thirty (30) day
 35        period. The court, in granting such an  extension,  may,  for  good  cause
 36        shown,  extend  the  defendant's  temporary driving privileges for one (1)
 37        additional thirty (30) day period. The hearing shall  be  limited  to  the
 38        question  of why the defendant did not submit to, or complete, evidentiary
 39        testing, and the burden of proof shall be upon the  defendant;  the  court
 40        shall  sustain a two hundred fifty dollar ($250) civil penalty immediately
 41        and suspend all the defendant's driving privileges immediately for one (1)
 42        year for a first refusal and two (2) years for a second refusal within ten
 43        (10) years unless it finds that the peace officer did not have legal cause
 44        to stop and request him to take the test or that the request violated  his
 45        civil rights;
 46        (c)  If  a  hearing  is  not requested by written notice to the court con-
 47        cerned within seven (7) calendar days, upon receipt of a  sworn  statement
 48        by  the peace officer of the circumstances of the refusal, the court shall
 49        sustain a two hundred fifty dollar ($250) civil penalty  and  suspend  the
 50        defendant's  driving  privileges  for one (1) year for a first refusal and
 51        two (2) years for a second refusal within ten  (10)  years,  during  which
 52        time he shall have absolutely no driving privileges of any kind; and
 53        (d)  Notwithstanding  the  provisions of subsection (4)(b) and (c) of this
 54        section, any person who is enrolled in and is an offender in good standing
 55        in a drug court, as provided in chapter 56, title 19, Idaho Code, shall be
                                                                        
                                       3
                                                                        
  1        eligible for restricted driving privileges that may be granted by the drug
  2        court judge, provided  that  the  offender  drive  only  a  motor  vehicle
  3        equipped  with  a  functioning  ignition interlock system. He shall become
  4        eligible for restricted driving privileges  only  after  having  served  a
  5        period  of  absolute  suspension of driving privileges of sixty (60) days;
  6        and
  7        (e)  After submitting to evidentiary testing at the request of  the  peace
  8        officer,  he  may,  when  practicable, at his own expense, have additional
  9        tests made by a person of his own choosing. The failure  or  inability  to
 10        obtain  an  additional  test  or  tests by a person shall not preclude the
 11        admission of results of evidentiary testing for alcohol  concentration  or
 12        for  the  presence  of drugs or other intoxicating substances taken at the
 13        direction of the peace officer unless the additional test  was  denied  by
 14        the peace officer.
 15        (5)  Any sustained civil penalty or suspension of driving privileges under
 16    this  section  or section 18-8002A, Idaho Code, shall be a civil penalty sepa-
 17    rate and apart from any other suspension imposed  for  a  violation  of  other
 18    Idaho  motor  vehicle codes or for a conviction of an offense pursuant to this
 19    chapter, and may be appealed to the district court.
 20        (6)  No hospital, hospital officer, agent, or  employee,  or  health  care
 21    professional  licensed  by  the state of Idaho, whether or not such person has
 22    privileges to practice in the  hospital  in  which  a  body  fluid  sample  is
 23    obtained  or  an  evidentiary  test is made, shall incur any civil or criminal
 24    liability for any act arising out of administering  an  evidentiary  test  for
 25    alcohol  concentration or for the presence of drugs or other intoxicating sub-
 26    stances at the request or order of a peace officer in the manner described  in
 27    this  section and section 18-8002A, Idaho Code: provided, that nothing in this
 28    section shall relieve any such person or legal  entity  from  civil  liability
 29    arising from the failure to exercise the community standard of care.
 30        (a)  This  immunity  extends  to  any person who assists any individual to
 31        withdraw a blood sample for evidentiary testing at the request or order of
 32        a peace officer, which individual is authorized to withdraw a blood sample
 33        under the provisions of section 18-8003, Idaho  Code,  regardless  of  the
 34        location where the blood sample is actually withdrawn.
 35        (b)  A  peace  officer  is  empowered to order an individual authorized in
 36        section 18-8003, Idaho Code, to withdraw a blood  sample  for  evidentiary
 37        testing when the peace officer has probable cause to believe that the sus-
 38        pect has committed any of the following offenses:
 39             (i)   Aggravated  driving  under  the  influence of alcohol, drugs or
 40             other intoxicating substance as provided in  section  18-8006,  Idaho
 41             Code;
 42             (ii)  Vehicular  manslaughter  as provided in subsections (3)(a), (b)
 43             and (c) of section 18-4006, Idaho Code;
 44             (iii) Aggravated operating of a vessel on the  waters  of  the  state
 45             while  under  the  influence  of alcohol, drugs or other intoxicating
 46             substances as provided in section 67-7035, Idaho Code; or
 47             (iv)  Any criminal homicide involving a vessel on the waters  of  the
 48             state while under the influence of alcohol, drugs or other intoxicat-
 49             ing substances.
 50        (c)  Nothing herein shall limit the discretion of the hospital administra-
 51        tion  to designate the qualified hospital employee responsible to withdraw
 52        the blood sample.
 53        (d)  The law enforcement agency that requests or orders withdrawal of  the
 54        blood sample shall pay the reasonable costs to withdraw such blood sample,
 55        perform  laboratory  analysis, preserve evidentiary test results, and tes-
                                                                        
                                       4
                                                                        
  1        tify in judicial proceedings.
  2        (e)  The withdrawal of the blood sample may be delayed or terminated if:
  3             (i)   In the reasonable judgment of the hospital personnel withdrawal
  4             of the blood sample may result in serious bodily injury  to  hospital
  5             personnel or other patients; or
  6             (ii)  The  licensed  health  care  professional  treating the suspect
  7             believes the  withdrawal  of  the  blood  sample  is  contraindicated
  8             because of the medical condition of the suspect or other patients.
  9        (7)  "Actual  physical  control"  as  used  in  this  section  and section
 10    18-8002A, Idaho Code, shall be defined as being in the  driver's  position  of
 11    the motor vehicle with the motor running or with the motor vehicle moving.
 12        (8)  Any  written  notice required by this section shall be effective upon
 13    mailing.
 14        (9)  For the purposes of this section and section  18-8002A,  Idaho  Code,
 15    "evidentiary  testing"  shall mean a procedure or test or series of procedures
 16    or tests, including the additional test authorized in subsection (10) of  this
 17    section, utilized to determine the concentration of alcohol or the presence of
 18    drugs or other intoxicating substances in a person.
 19        (10) A  person  who submits to a breath test for alcohol concentration, as
 20    defined in subsection  (4)  of  section  18-8004,  Idaho  Code,  may  also  be
 21    requested  to  submit  to  a second evidentiary test of blood or urine for the
 22    purpose of determining the presence of drugs or other intoxicating  substances
 23    if the peace officer has reasonable cause to believe that a person was driving
 24    under  the  influence  of  any  drug or intoxicating substance or the combined
 25    influence of alcohol and any drug or intoxicating substance. The peace officer
 26    shall state in his or her report the facts upon which that belief is based.
 27        (11) Notwithstanding any other provision of law to the contrary, the civil
 28    penalty imposed under the provisions of this section must be paid, as  ordered
 29    by  the  court,  to the county justice fund or the county current expense fund
 30    where the incident occurred. If a  person  does  not  pay  the  civil  penalty
 31    imposed as provided in this section within thirty (30) days of the imposition,
 32    unless  this  period  has been extended by the court for good cause shown, the
 33    prosecuting attorney representing the political subdivision where the incident
 34    occurred may petition  the  court  in  the  jurisdiction  where  the  incident
 35    occurred  to  file  the  order  imposing  the civil penalty as an order of the
 36    court. Once entered, the order may be enforced in the same manner as  a  final
 37    judgment  of  the  court.  In  addition to the civil penalty, attorney's fees,
 38    costs and interest may be assessed against any person who  fails  to  pay  the
 39    civil penalty.
                                                                        
 40        SECTION  2.  That Section 18-8002A, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        18-8002A.  TESTS OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR
 43    OTHER INTOXICATING SUBSTANCES -- SUSPENSION UPON FAILURE OF TESTS. (1) Defini-
 44    tions. As used in this section:
 45        (a)  "Actual physical control" means being in the driver's position  of  a
 46        motor vehicle with the motor running or with the vehicle moving.
 47        (b)  "Administrative hearing" means a hearing conducted by a hearing offi-
 48        cer  to  determine  whether a suspension imposed by the provisions of this
 49        section should be vacated or sustained.
 50        (c)  "Department" means the Idaho transportation department  and,  as  the
 51        context  requires,  shall be construed to include any agent of the depart-
 52        ment designated by rule as hereinafter provided.
 53        (d)  "Director" means the director of the Idaho transportation department.
                                                                        
                                       5
                                                                        
  1        (e)  "Evidentiary testing" means a procedure or test or series  of  proce-
  2        dures  or  tests utilized to determine the concentration of alcohol or the
  3        presence of drugs or other intoxicating substances in a person,  including
  4        additional  testing  authorized by subsection (6) of this section. An evi-
  5        dentiary test for alcohol concentration shall be  based on  a  formula  of
  6        grams of alcohol per one hundred (100) cubic centimeters of blood, per two
  7        hundred  ten  (210)  liters  of breath, or sixty-seven (67) milliliters of
  8        urine. Analysis of blood, breath or urine for the purpose  of  determining
  9        alcohol  concentration  shall be performed by a laboratory operated by the
 10        Idaho state police or by a laboratory approved by the Idaho  state  police
 11        under  the provisions of approval and certification standards to be set by
 12        the Idaho state police, or by any other method approved by the Idaho state
 13        police. Notwithstanding any other provision of law or rule of  court,  the
 14        results of any test for alcohol concentration and records relating to cal-
 15        ibration,  approval, certification or quality control performed by a labo-
 16        ratory operated and approved by the Idaho state police  or  by  any  other
 17        method  approved by the Idaho state police shall be admissible in any pro-
 18        ceeding in this state without the necessity  of  producing  a  witness  to
 19        establish the reliability of the testing procedure for examination.
 20        (f)  "Hearing officer" means a person designated by the department to con-
 21        duct  administrative hearings. The hearing officer shall have authority to
 22        administer oaths, examine witnesses and take testimony,  receive  relevant
 23        evidence,  issue subpoenas, regulate the course and conduct of the hearing
 24        and make a final ruling on the issues before him.
 25        (g)  "Hearing request" means a request for an  administrative  hearing  on
 26        the suspension imposed by the provisions of this section.
 27        (2)  Information  to be given. At the time of evidentiary testing for con-
 28    centration of alcohol, or for the presence of drugs or other intoxicating sub-
 29    stances is requested, the person shall be informed that if the person  refuses
 30    to  submit  to or fails to complete evidentiary testing, or if the person sub-
 31    mits to and completes evidentiary testing and the  test  results  indicate  an
 32    alcohol  concentration  or  the  presence  of drugs or other intoxicating sub-
 33    stances in violation of section 18-8004, 18-8004C or 18-8006, Idaho Code,  the
 34    person  shall  be  informed substantially as follows (but need not be informed
 35    verbatim):
 36        If you refuse to submit to or if you fail to complete and pass evidentiary
 37    testing for alcohol or other intoxicating substances:
 38        (a)  The peace officer will seize your driver's license and issue a notice
 39        of suspension and a temporary driving permit to you, but no peace  officer
 40        will issue you a temporary driving permit if your driver's license or per-
 41        mit  has  already been and is suspended or revoked. No peace officer shall
 42        issue a temporary driving permit to a driver of a commercial  vehicle  who
 43        refuses to submit to or fails to complete and pass an evidentiary test;
 44        (b)  You  have the right to request a hearing within seven (7) days of the
 45        notice of suspension of your  driver's  license  to  show  cause  why  you
 46        refused  to  submit to or to complete and pass evidentiary testing and why
 47        your driver's license should not be suspended;
 48        (c)  If you refused or failed to complete evidentiary testing and  do  not
 49        request  a hearing before the court or do not prevail at the hearing, your
 50        driver's license will be suspended. The suspension will  be  for  one  (1)
 51        year  if  this  is  your first refusal. The suspension will be for two (2)
 52        years if this is your second refusal within ten (10) years. You  will  not
 53        be able to obtain a temporary restricted license during that period; and
 54        (d)  If  you  complete evidentiary testing and fail the testing and do not
 55        request a hearing before the department or do not prevail at the  hearing,
                                                                        
                                       6
                                                                        
  1        your  driver's  license  will  be  suspended.  This suspension will be for
  2        ninety (90) days if this is your first failure of evidentiary testing, but
  3        you may request restricted noncommercial vehicle driving privileges  after
  4        the  first  thirty  (30)  days. The suspension will be for one (1) year if
  5        this is your second failure of evidentiary testing within five (5)  years.
  6        You  will not be able to obtain a temporary restricted license during that
  7        period;
  8        (e)  If you become enrolled in and are an offender in good standing  in  a
  9        court  approved  drug  court,  as  provided in chapter 56, title 19, Idaho
 10        Code, you shall be eligible for restricted driving privileges that may  be
 11        granted  by  the  drug  court  judge, provided that you drive only a motor
 12        vehicle equipped with a functioning ignition interlock system.  You  shall
 13        become eligible for restricted driving privileges only after having served
 14        a  period of absolute suspension of driving privileges of sixty (60) days;
 15        and
 16        (f)  After submitting to evidentiary testing you may, when practicable, at
 17        your own expense, have additional tests made  by  a  person  of  your  own
 18        choosing.
 19        (3)  Rulemaking  authority  of  the  Idaho  state  police. The Idaho state
 20    police may, pursuant to chapter 52, title 67, Idaho Code, prescribe by rule:
 21        (a)  What testing is required to complete evidentiary testing  under  this
 22        section; and
 23        (b)  What  calibration  or checking of testing equipment must be performed
 24        to comply with the department's requirements. Any rules of the Idaho state
 25        police shall be in accordance with the following: a test for alcohol  con-
 26        centration  in  breath as defined in section 18-8004, Idaho Code, and sub-
 27        section (1)(e) of this section will be valid for the purposes of this sec-
 28        tion if the breath alcohol testing instrument was approved for testing  by
 29        the  Idaho state police in accordance with section 18-8004, Idaho Code, at
 30        any time within ninety (90) days before the evidentiary  testing.  A  test
 31        for alcohol concentration in blood or urine as defined in section 18-8004,
 32        Idaho  Code,  that is reported by the Idaho state police or by any labora-
 33        tory approved by the Idaho state police to perform this test will be valid
 34        for the purposes of this section.
 35        (4)  Suspension.
 36        (a)  Upon receipt of the sworn statement of a  peace  officer  that  there
 37        existed  legal cause to believe a person had been driving or was in actual
 38        physical control of a motor vehicle while under the influence of  alcohol,
 39        drugs  or other intoxicating substances and that the person submitted to a
 40        test and the test results indicated an alcohol concentration or the  pres-
 41        ence  of  drugs  or  other intoxicating substances in violation of section
 42        18-8004, 18-8004C or 18-8006, Idaho Code, the department shall suspend the
 43        person's driver's license, driver's permit, driving privileges or nonresi-
 44        dent driving privileges:
 45             (i)   For a period of ninety (90) days for a first failure of eviden-
 46             tiary testing under the provisions of this section. The first  thirty
 47             (30)  days  of  the suspension shall be absolute and the person shall
 48             have absolutely no driving privileges of any  kind.  Restricted  non-
 49             commercial vehicle driving privileges applicable during the remaining
 50             sixty  (60)  days  of  the suspension may be requested as provided in
 51             subsection (9) of this section.
 52             (ii)  For a period of one (1) year for a second  and  any  subsequent
 53             failure  of  evidentiary testing under the provisions of this section
 54             within the immediately preceding five (5) years.  No  driving  privi-
 55             leges of any kind shall be granted during the suspension imposed pur-
                                                                        
                                       7
                                                                        
  1             suant to this subsection.
  2        The person may request an administrative hearing on the suspension as pro-
  3        vided  in subsection (7) of this section. Any right to contest the suspen-
  4        sion shall be waived if a hearing is not requested as therein provided.
  5        (b)  The suspension shall become effective thirty (30) days after  service
  6        upon the person of the notice of suspension. The notice shall be in a form
  7        provided by the department and shall state:
  8             (i)   The reason and statutory grounds for the suspension;
  9             (ii)  The effective date of the suspension;
 10             (iii) The  suspension  periods  to which the person may be subject as
 11             provided in subsection (4)(a) of this section;
 12             (iv)  The procedures for obtaining restricted  noncommercial  vehicle
 13             driving privileges;
 14             (v)   The  rights  of the person to request an administrative hearing
 15             on the suspension and  that  if  an  administrative  hearing  is  not
 16             requested  within  seven (7) days of service of the notice of suspen-
 17             sion the right to contest the suspension shall be waived;
 18             (vi)  The procedures for obtaining an administrative hearing  on  the
 19             suspension;
 20             (vii) The  right to judicial review of the hearing officer's decision
 21             on the suspension and the procedures for seeking such review.
 22        (c)  Notwithstanding the  provisions  of  subsection  (4)(a)(i)  and  (ii)
 23        above,  any  person who is enrolled in and is an offender in good standing
 24        in a drug court, as provided in chapter 56, title 19, Idaho Code, shall be
 25        eligible for restricted driving privileges that may be granted by the drug
 26        court judge, provided  that  the  offender  drive  only  a  motor  vehicle
 27        equipped  with  a  functioning  ignition interlock system. He shall become
 28        eligible for restricted driving privileges  only  after  having  served  a
 29        period of absolute suspension of driving privileges of sixty (60) days.
 30        (5)  Service  of  suspension  by  peace  officer or the department. If the
 31    driver submits to evidentiary testing after the information in subsection  (2)
 32    of  this  section  has  been  provided and the results of the test indicate an
 33    alcohol concentration or the presence of  drugs  or  other  intoxicating  sub-
 34    stances  in  violation  of  the  provisions  of  section  18-8004, 18-8004C or
 35    18-8006, Idaho Code:
 36        (a)  The peace officer shall take  possession  of  the  person's  driver's
 37        license,  shall issue a temporary permit which shall be valid for a period
 38        not to exceed thirty (30) days from the date of issuance, and,  acting  on
 39        behalf  of  the department, will serve the person with a notice of suspen-
 40        sion in the form and containing the information required under  subsection
 41        (4)  of this section. The department may serve the person with a notice of
 42        suspension if the peace officer failed to issue the notice  of  suspension
 43        or  failed to include the date of service as provided in subsection (4)(b)
 44        of this section.
 45        (b)  Within five (5) business days following service of a notice  of  sus-
 46        pension  the  peace  officer shall forward to the department a copy of the
 47        completed notice of suspension form upon which the date  of  service  upon
 48        the  driver  shall be clearly indicated, a copy of any completed temporary
 49        permit form along with any confiscated driver's license, a certified  copy
 50        or  duplicate  original of the results of all tests for alcohol concentra-
 51        tion, as shown by analysis of breath administered at the direction of  the
 52        peace officer, and a sworn statement of the officer, which may incorporate
 53        any  arrest  or  incident  reports  relevant to the arrest and evidentiary
 54        testing setting forth:
 55             (i)   The identity of the person;
                                                                        
                                       8
                                                                        
  1             (ii)  Stating the officer's legal cause to stop the person;
  2             (iii) Stating the officer's legal cause to believe  that  the  person
  3             had been driving or was in actual physical control of a motor vehicle
  4             while  under  the  influence of alcohol,  drugs or other intoxicating
  5             substances  in  violation  of  the  provisions  of  section  18-8004,
  6             18-8004C or 18-8006, Idaho Code;
  7             (iv)  That the person was advised of the consequences of  taking  and
  8             failing  the  evidentiary  test as provided in subsection (2) of this
  9             section;
 10             (v)   That the person was lawfully arrested;
 11             (vi)  That the person was tested for alcohol concentration, drugs  or
 12             other  intoxicating  substances as provided in this chapter, and that
 13             the results of the test indicated an  alcohol  concentration  or  the
 14             presence  of  drugs  or other intoxicating substances in violation of
 15             the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code.
 16        If an evidentiary test of blood or urine was administered  rather  than  a
 17        breath test, the peace officer or the department shall serve the notice of
 18        suspension  once the results are received. The sworn statement required in
 19        this subsection shall be made on forms in accordance with rules adopted by
 20        the department.
 21        (c)  The department may serve the person with a notice  of  suspension  if
 22        the  peace  officer  failed to issue the notice of suspension or failed to
 23        include the date of service as provided in subsection (4)(b) of this  sec-
 24        tion.
 25        (6)  Additional  tests.  After  submitting  to  evidentiary testing at the
 26    request of the peace officer, the person may, when  practicable,  at  his  own
 27    expense,  have  additional tests for alcohol concentration or for the presence
 28    of drugs or other intoxicating substances made by a person of his  own  choos-
 29    ing.  The  person's  failure or inability to obtain additional tests shall not
 30    preclude admission of the results of evidentiary  tests  administered  at  the
 31    direction  of  the  peace  officer unless additional testing was denied by the
 32    peace officer.
 33        (7)  Administrative hearing on suspension. A person who  has  been  served
 34    with  a  notice  of  suspension  after  submitting  to an evidentiary test may
 35    request an administrative hearing on the suspension before a  hearing  officer
 36    designated  by the department. The request for hearing shall be in writing and
 37    must be received by the department within seven (7) calendar days of the  date
 38    of service upon the person of the notice of suspension, and shall include what
 39    issue  or issues shall be raised at the hearing. The date on which the hearing
 40    request was received shall be noted on the face of the request.
 41        If a hearing is requested, the hearing shall be held  within  twenty  (20)
 42    days  of  the  date  the hearing request was received by the department unless
 43    this period is, for good cause shown, extended by the hearing officer for  one
 44    ten (10) day period. Such extension shall not operate as a stay of the suspen-
 45    sion  and  any temporary permit shall expire thirty (30) days after service of
 46    the notice of suspension, notwithstanding an extension  of  the  hearing  date
 47    beyond such thirty (30) day period. Written notice of the date and time of the
 48    hearing  shall  be sent to the party requesting the hearing at least seven (7)
 49    days prior to the scheduled hearing date. The department may conduct all hear-
 50    ings by telephone if each participant in the hearing  has  an  opportunity  to
 51    participate in the entire proceeding while it is taking place.
 52        The  hearing shall be recorded. The sworn statement of the arresting offi-
 53    cer, and the copy of the notice of suspension and any temporary permit  issued
 54    by  the officer shall be admissible at the hearing without further evidentiary
 55    foundation. The results of any tests for alcohol concentration or the presence
                                                                        
                                       9
                                                                        
  1    of drugs or other intoxicating substances  by  analysis  of  blood,  urine  or
  2    breath  administered  at  the  direction  of the peace officer and the records
  3    relating to calibration, certification, approval or quality control pertaining
  4    to equipment utilized to perform the tests shall be admissible as provided  in
  5    section  18-8004(4),  Idaho Code. The arresting  officer shall not be required
  6    to participate unless directed to do so by a subpoena issued  by  the  hearing
  7    officer.
  8        The  burden  of  proof  shall be on the person requesting the hearing. The
  9    hearing officer shall not vacate the suspension unless he finds, by a  prepon-
 10    derance of the evidence, that:
 11        (a)  The peace officer did not have legal cause to stop the person; or
 12        (b)  The  officer  did not have legal cause to believe the person had been
 13        driving or was in actual physical control of a  vehicle  while  under  the
 14        influence  of alcohol, drugs or other intoxicating substances in violation
 15        of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code; or
 16        (c)  The test results did not show an alcohol concentration or  the  pres-
 17        ence  of  drugs  or  other intoxicating substances in violation of section
 18        18-8004, 18-8004C or 18-8006, Idaho Code; or
 19        (d)  The tests for alcohol concentration, drugs or other intoxicating sub-
 20        stances administered at the direction of the peace officer were  not  con-
 21        ducted  in  accordance  with the requirements of section 18-8004(4), Idaho
 22        Code, or the testing equipment was not functioning properly when the  test
 23        was administered; or
 24        (e)  The person was not informed of the consequences of submitting to evi-
 25        dentiary testing as required in subsection (2) of this section.
 26    If  the hearing officer finds that the person has not met his burden of proof,
 27    he shall sustain the suspension. The hearing officer shall  make  findings  of
 28    fact and conclusions of law on each issue and shall enter an order vacating or
 29    sustaining the suspension. If the suspension is vacated, the person's driver's
 30    license,  unless  unavailable by reason of an existing suspension, revocation,
 31    cancellation, disqualification or denial shall be returned to him.  The  find-
 32    ings  of  fact,  conclusions  of  law and order entered by the hearing officer
 33    shall be considered a final order pursuant to the provisions  of  chapter  52,
 34    title  67,  Idaho  Code, except that motions for reconsideration of such order
 35    shall be allowed and new evidence can be submitted.
 36        The facts as found by the hearing officer  shall  be  independent  of  the
 37    determination of the same or similar facts in the adjudication of any criminal
 38    charges  arising out of the same occurrence. The disposition of those criminal
 39    charges shall not affect the suspension required to be imposed under the  pro-
 40    visions  of this section. If a license is suspended under this section and the
 41    person is also convicted on criminal charges arising out of  the  same  occur-
 42    rence  for  a  violation  of  the  provisions  of section 18-8004, 18-8004C or
 43    18-8006, Idaho Code, both the suspension under this section and the suspension
 44    imposed pursuant to the provisions of section 18-8005 or 18-8006, Idaho  Code,
 45    shall  be  imposed, but the periods of suspension shall run concurrently, with
 46    the total period of suspension not to exceed the longer of the applicable sus-
 47    pension periods, unless the court ordering the suspension in the criminal case
 48    orders to the contrary.
 49        (8)  Judicial review. A party aggrieved by the  decision  of  the  hearing
 50    officer  may  seek  judicial review of the decision in the manner provided for
 51    judicial review of final agency action provided in chapter 52, title 67, Idaho
 52    Code.
 53        (9)  Restricted noncommercial vehicle driving privileges. A person  served
 54    with  a notice of suspension for ninety (90) days pursuant to this section may
 55    apply to the department for restricted noncommercial  vehicle  driving  privi-
                                                                        
                                       10
                                                                        
  1    leges,  to  become effective after the thirty (30) day absolute suspension has
  2    been completed. The request may be made at  any  time  after  service  of  the
  3    notice of suspension. Restricted noncommercial vehicle driving privileges will
  4    be  issued for the person to travel to and from work and for work purposes not
  5    involving operation  of a commercial vehicle, to attend  an  alternative  high
  6    school,  work  on  a  GED, for postsecondary education, or to meet the medical
  7    needs of the person or his family if the person  is  eligible  for  restricted
  8    noncommercial  vehicle driving privileges. Any person whose driving privileges
  9    are suspended under the provisions of this chapter may be  granted  privileges
 10    to  drive a noncommercial vehicle but shall not be granted privileges to oper-
 11    ate a commercial motor vehicle.
 12        (10) Rules. The department may adopt rules under the provisions of chapter
 13    52, title 67, Idaho Code, deemed necessary to implement the provisions of this
 14    section.
                                                                        
 15        SECTION 3.  That Section 18-8004A, Idaho Code, be, and the same is  hereby
 16    amended to read as follows:
                                                                        
 17        18-8004A.  PENALTIES  -- PERSONS UNDER 21 WITH LESS THAN 0.08 ALCOHOL CON-
 18    CENTRATION. (1) Any person found guilty of a violation of subsection (1)(d) of
 19    section 18-8004, Idaho Code, shall be guilty of  a  misdemeanor;  and,  for  a
 20    first offense:
 21        (a)  Shall be fined an amount not to exceed one thousand dollars ($1,000);
 22        (b)  Shall have his driving privileges suspended by the court for a period
 23        of one (1) year, ninety (90) days of which shall not be reduced and during
 24        which  period absolutely no driving privileges of any kind may be granted.
 25        After the period of absolute suspension of driving privileges has  passed,
 26        the  defendant  may  request restricted driving privileges which the court
 27        may allow, if the defendant shows by a preponderance of the evidence  that
 28        driving privileges are necessary as deemed appropriate by the court;
 29        (c)  Shall be advised by the court in writing at the time of sentencing of
 30        the  penalties  that  will  be imposed for any subsequent violation of the
 31        provisions of this section or any  violation  of  section  18-8004,  Idaho
 32        Code,  which  advice shall be signed by the defendant, and a copy retained
 33        by the court and another copy retained by the prosecuting attorney;
 34        (d)  Shall be required to undergo an alcohol evaluation and otherwise com-
 35        ply with the requirements of sections 18-8005(911) and 18-8005(124), Idaho
 36        Code, as ordered by the court.
 37        (2)  Any person who pleads guilty to or is found guilty of a violation  of
 38    the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previ-
 39    ously has been found guilty of or has pled guilty to a violation of the provi-
 40    sions  of  section 18-8004(1)(a), (b), (c) or (d), Idaho Code, or any substan-
 41    tially  conforming  foreign  criminal  violation,  as   defined   in   section
 42    18-8005(810), Idaho Code, notwithstanding the form of the judgment or withheld
 43    judgment, is guilty of a misdemeanor; and:
 44        (a)  Shall be sentenced to jail for a mandatory minimum period of five (5)
 45        days,  as  required  by  23  U.S.C. section 164, not to exceed thirty (30)
 46        days;
 47        (b)  Shall be fined an amount of not less than five hundred dollars ($500)
 48        nor more than two thousand dollars ($2,000);
 49        (c)  Shall have his driving privileges suspended by the court for a period
 50        not to exceed two (2) years, one (1) year of which shall be  absolute  and
 51        shall  not be reduced and during which period absolutely no driving privi-
 52        leges of any kind may be granted;
 53        (d)  Shall, while operating a motor vehicle, be required to drive  only  a
                                                                        
                                       11
                                                                        
  1        motor  vehicle  equipped  with a functioning ignition interlock system, as
  2        provided in   section 18-8008, Idaho Code, following the mandatory one (1)
  3        year license suspension period; and
  4        (e)  Shall be advised by the court in writing at the time of sentencing of
  5        the penalties that will be imposed for subsequent violations of the provi-
  6        sions of this section or section 18-8004, Idaho Code, which  advice  shall
  7        be  signed  by the defendant, and a copy retained by the court and another
  8        copy retained by the prosecuting attorney; and
  9        (f)  Shall undergo  an  alcohol  evaluation  and  comply  with  the  other
 10        requirements  of  subsections  (911)  and  (124) of section 18-8005, Idaho
 11        Code.
 12        (3)  Any person who pleads guilty to or is found guilty of a violation  of
 13    the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previ-
 14    ously  has  been  found guilty of or has pled guilty to two (2) or more viola-
 15    tions of the provisions of section 18-8004(1)(a), (b), (c) or (d), Idaho Code,
 16    or any substantially conforming foreign criminal violation,  within  five  (5)
 17    years, notwithstanding the form of the judgment or withheld judgment, shall be
 18    guilty of a misdemeanor; and:
 19        (a)  Shall be sentenced to jail for a mandatory minimum period of ten (10)
 20        days, as required by 23 U.S.C. section 164, not to exceed six (6) months;
 21        (b)  Shall  be  fined  an  amount  of  not  less than one thousand dollars
 22        ($1,000) nor more than two thousand dollars ($2,000);
 23        (c)  Shall surrender his driver's license or permit to the court;
 24        (d)  Shall have his driving privileges suspended by the court for a manda-
 25        tory minimum period of one (1) year, during  which  period  absolutely  no
 26        driving  privileges  of  any  kind  may  be  granted, or until such person
 27        reaches the age of twenty-one (21) years, whichever is greater; and
 28        (e)  Shall, while operating a motor vehicle, be required to drive  only  a
 29        motor  vehicle  equipped  with a functioning ignition interlock system, as
 30        provided in section 18-8008, Idaho Code, following the mandatory  one  (1)
 31        year license suspension period; and
 32        (f)  Shall  undergo  an  alcohol  evaluation  and  comply  with  all other
 33        requirements imposed by the court pursuant to  sections  18-8005(911)  and
 34        18-8005(124), Idaho Code.
 35        (4)  All  provisions of section 18-8005, Idaho Code, not otherwise in con-
 36    flict with or provided for in this  section  shall  apply  to  any  sentencing
 37    imposed under the provisions of this section.
 38        (5)  A  person  violating  the  provisions of section 18-8004(1)(d), Idaho
 39    Code, may be prosecuted under title 20, Idaho Code.
 40        (6)  Any person whose driving privileges are suspended, revoked,  canceled
 41    or  disqualified  under  the  provisions  of this chapter shall not be granted
 42    privileges to operate a commercial motor vehicle during the period of  suspen-
 43    sion, revocation, cancellation or disqualification.
                                                                        
 44        SECTION  4.  That Section 18-8004C, Idaho Code, be, and the same is hereby
 45    amended to read as follows:
                                                                        
 46        18-8004C.  EXCESSIVE ALCOHOL CONCENTRATION --  PENALTIES.  Notwithstanding
 47    any provision of section 18-8005, Idaho Code, to the contrary:
 48        (1)  Any  person who pleads guilty to or is found guilty of a violation of
 49    the provisions of section 18-8004(1)(a), Idaho Code, for the first  time,  but
 50    who  has  an  alcohol concentration of 0.20, as defined in section 18-8004(4),
 51    Idaho Code, or more, as shown by an analysis of his blood, breath or urine  by
 52    a test requested by a police officer, shall be guilty of a misdemeanor; and:
 53        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
                                                                        
                                       12
                                                                        
  1        than  ten (10) days the first forty-eight (48) hours of which must be con-
  2        secutive, and may be sentenced to not more than one (1) year;
  3        (b)  May be fined an amount not to exceed two thousand dollars ($2,000);
  4        (c)  Shall be advised by the court in writing at the time  of  sentencing,
  5        of  the  penalties  that  will be imposed for subsequent violations of the
  6        provisions of this section and violations of section 18-8004, Idaho  Code,
  7        which  advice shall be signed by the defendant, and a copy retained by the
  8        court and another copy retained by the prosecuting attorney;
  9        (d)  Shall surrender his driver's license or permit to the court;
 10        (e)  Shall have his driving privileges suspended by the court for an addi-
 11        tional mandatory minimum period of one (1) year after  release  from  con-
 12        finement,  during  which  one (1) year period absolutely no driving privi-
 13        leges of any kind may be granted; and
 14        (2)  Any person who pleads guilty to or is found guilty of a violation  of
 15    the  provisions of section 18-8004, Idaho Code, and who has an alcohol concen-
 16    tration of 0.20, as defined in section 18-8004(4), Idaho  Code,  or  more,  as
 17    shown  by  an  analysis of his blood, breath or urine by a test requested by a
 18    police officer, and who previously has been found guilty of or has pled guilty
 19    to one (1) or more violations of section 18-8004, Idaho  Code,  in  which  the
 20    person had an alcohol concentration of 0.20 or more, or any substantially con-
 21    forming  foreign  criminal violation wherein the defendant had an alcohol con-
 22    centration of 0.20 or more, or any combination thereof, within five (5) years,
 23    notwithstanding the form of judgment or withheld judgment shall be guilty of a
 24    felony; and:
 25        (a)  Shall be sentenced to the custody of the state  board  of  correction
 26        for not to exceed five (5) years; provided that notwithstanding the provi-
 27        sions of section 19-2601, Idaho Code, should the court impose any sentence
 28        other than incarceration in the state penitentiary, the defendant shall be
 29        sentenced  to  the  county jail for a mandatory minimum period of not less
 30        than thirty (30) days; and further provided that notwithstanding the  pro-
 31        visions  of  section  18-111,  Idaho Code, a conviction under this section
 32        shall be deemed a felony;
 33        (b)  May be fined an amount not to exceed five thousand dollars ($5,000);
 34        (c)  Shall surrender his driver's license or permit to the court; and
 35        (d)  Shall have his driving privileges suspended by the court for a manda-
 36        tory minimum period of one (1) year after release from  imprisonment,  and
 37        may  have  his driving privileges suspended by the court for not to exceed
 38        five (5) years after release from imprisonment, during which time he shall
 39        have absolutely no driving privileges of any kind; and
 40        (e)  Shall, while operating a motor vehicle, be required to drive  only  a
 41        motor  vehicle  equipped  with a functioning ignition interlock system, as
 42        provided in section 18-8008, Idaho Code, following the  mandatory  license
 43        suspension period.
 44        (3)  Notwithstanding  the  provisions  of  subsections  (1)(d) and (e) and
 45    (2)(c), (d) and (e) of this section, any person who is enrolled in and  is  an
 46    offender  in  good  standing in a drug court, as provided in chapter 56, title
 47    19, Idaho Code, shall be eligible for restricted driving privileges  that  may
 48    be  granted  by  the drug court judge, provided that the offender drive only a
 49    motor vehicle equipped with a functioning ignition interlock system. He  shall
 50    become  eligible  for restricted driving privileges only after having served a
 51    period of absolute suspension of driving privileges of sixty (60)  days.  This
 52    subsection (3) shall not apply to those persons who are sentenced to incarcer-
 53    ation in a state penitentiary pursuant to subsection (2) of this section.
 54        (4)  All  the  provisions  of section 18-8005, Idaho Code, not in conflict
 55    with or otherwise provided for in this section, shall apply to this section.
                                                                        
                                       13
                                                                        
  1        (45)  Notwithstanding any other provision of law, any evidence of  convic-
  2    tion  under  this  section shall be admissible in any civil action for damages
  3    resulting from the occurrence. A conviction for the purposes of  this  section
  4    means  that the person has pled guilty or has been found guilty, notwithstand-
  5    ing the form of the judgment or withheld judgment.
                                                                        
  6        SECTION 5.  That Section 18-8005, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        18-8005.  PENALTIES.  (1)  Any  person  who  pleads  guilty to or is found
  9    guilty of a violation of the provisions of section 18-8004(1)(a) or (5), Idaho
 10    Code, for the first time is guilty of a misdemeanor; and, except  as  provided
 11    in section 18-8004C, Idaho Code:
 12        (a)  May be sentenced to jail for a term not to exceed six (6) months;
 13        (b)  May be fined an amount not to exceed one thousand dollars ($1,000);
 14        (c)  Shall be advised by the court in writing at the time of sentencing of
 15        the penalties that will be imposed for subsequent violations of the provi-
 16        sions  of section 18-8004, Idaho Code, which advice shall be signed by the
 17        defendant, and a copy retained by the court and another copy  retained  by
 18        the prosecuting attorney; and
 19        (d)  Shall have his driving privileges suspended by the court for a period
 20        of  thirty  (30)  days  which shall not be reduced and during which thirty
 21        (30) day period absolutely no  driving  privileges  of  any  kind  may  be
 22        granted.  After the thirty (30) day period of absolute suspension of driv-
 23        ing privileges has passed, the defendant  shall  have  driving  privileges
 24        suspended  by  the  court  for an additional period of at least sixty (60)
 25        days, not to exceed one hundred fifty (150) days during which the  defend-
 26        ant  may request restricted  driving privileges which the court may allow,
 27        if the defendant shows by a preponderance of  the  evidence  that  driving
 28        privileges are necessary for his employment or for family health needs.
 29        (2)  Any  person who pleads guilty to or is found guilty of a violation of
 30    the provisions of section 18-8004(1)(b), Idaho Code, for  the  first  time  is
 31    guilty of a misdemeanor and subject to:
 32        (a)  The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
 33        (b)  The provisions of section 49-335, Idaho Code.
 34        (3)  Any  person who pleads guilty to or is found guilty of a violation of
 35    the provisions of section 18-8004(1)(c), Idaho Code, for the  first  time,  is
 36    guilty of a misdemeanor and is subject to:
 37        (a)  The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
 38        (b)  The provisions of section 49-335, Idaho Code.
 39        (4)  Any  person who pleads guilty to or is found guilty of a violation of
 40    the provisions of section 18-8004(1)(a), (b) or (c), Idaho  Code,  who  previ-
 41    ously has been found guilty of or has pled guilty to a violation of the provi-
 42    sions  of  section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially
 43    conforming foreign criminal violation within ten (10)  years,  notwithstanding
 44    the form of the judgment(s) or withheld judgment(s), and except as provided in
 45    section  18-8004C, Idaho Code, is guilty of a misdemeanor; and, except as pro-
 46    vided in section 18-8004C, Idaho Code:
 47        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
 48        than ten (10) days the first forty-eight (48) hours of which must be  con-
 49        secutive,  and  five (5) days of which must be served in jail, as required
 50        by 23 U.S.C. section 164, and may be sentenced to not more  than  one  (1)
 51        year,  provided  however,  that in the discretion of the sentencing judge,
 52        the judge may authorize the defendant to be assigned to a work detail pro-
 53        gram within the custody of the county sheriff during the period of  incar-
                                                                        
                                       14
                                                                        
  1        ceration;
  2        (b)  May be fined an amount not to exceed two thousand dollars ($2,000);
  3        (c)  Shall  be  advised by the court in writing at the time of sentencing,
  4        of the penalties that will be imposed for  subsequent  violations  of  the
  5        provisions of section 18-8004, Idaho Code, which advice shall be signed by
  6        the  defendant, and a copy retained by the court and another copy retained
  7        by the prosecuting attorney;
  8        (d)  Shall surrender his driver's license or permit to the court;
  9        (e)  Shall have his driving privileges suspended by the court for an addi-
 10        tional mandatory minimum period of one (1) year after  release  from  con-
 11        finement,  during  which  one (1) year period absolutely no driving privi-
 12        leges of any kind may be granted; and
 13        (f)  Shall, while operating a motor vehicle, be required to drive  only  a
 14        motor  vehicle  equipped  with a functioning ignition interlock system, as
 15        provided in section 18-8008, Idaho Code, following the one (1) year manda-
 16        tory license suspension period.
 17        (g5)  If the person has pled guilty or was found  guilty  for  the  second
 18    time  within  ten  (10)  years  of  a  violation  of the provisions of section
 19    18-8004(1)(b) or (c), Idaho Code, then the provisions of section 49-335, Idaho
 20    Code, shall apply.
 21        (56)  Except as provided in section 18-8004C, Idaho Code, any  person  who
 22    pleads  guilty  to or is found guilty of a violation of the provisions of sec-
 23    tion 18-8004(1)(a), (b) or (c), Idaho Code,  who  previously  has  been  found
 24    guilty  of  or has pled guilty to two (2) or more violations of the provisions
 25    of section 18-8004(1)(a), (b) or (c), Idaho Code, or  any  substantially  con-
 26    forming  foreign  criminal  violation,  or any combination thereof, within ten
 27    (10)  years,  notwithstanding  the  form  of  the  judgment(s)   or   withheld
 28    judgment(s), shall be guilty of a felony; and
 29        (a)  Shall  be  sentenced  to the custody of the state board of correction
 30        for not to exceed ten (10) years; provided that notwithstanding the provi-
 31        sions of section 19-2601, Idaho Code, should the court impose any sentence
 32        other than incarceration in the state penitentiary, the defendant shall be
 33        sentenced to the county jail for a mandatory minimum period  of  not  less
 34        than  thirty  (30) days, the first forty-eight (48) hours of which must be
 35        consecutive, and ten (10) days  of  which  must  be  served  in  jail,  as
 36        required by 23 U.S.C. section 164; and further provided that notwithstand-
 37        ing  the provisions of section 18-111, Idaho Code, a conviction under this
 38        section shall be deemed a felony;
 39        (b)  May be fined an amount not to exceed five thousand dollars ($5,000);
 40        (c)  Shall surrender his driver's license or permit to the court; and
 41        (d)  Shall have his driving privileges suspended by the court for a manda-
 42        tory minimum period of one (1) year after release from  imprisonment,  and
 43        may  have  his driving privileges suspended by the court for not to exceed
 44        five (5) years after release from imprisonment, during which time he shall
 45        have absolutely no driving privileges of any kind; and
 46        (e)  Shall, while operating a motor vehicle, be required to drive  only  a
 47        motor  vehicle  equipped  with a functioning ignition interlock system, as
 48        provided in section 18-8008, Idaho Code, following the mandatory  one  (1)
 49        year license suspension period.
 50        (67)  Notwithstanding  the  provisions  of  subsections (4)(e) and (f) and
 51    (6)(d) and (e) of this section, any person  who  is  enrolled  in  and  is  an
 52    offender  in  good  standing in a drug court, as provided in chapter 56, title
 53    19, Idaho Code, shall be eligible for restricted driving privileges  that  may
 54    be  granted  by  the drug court judge, provided that the offender drive only a
 55    motor vehicle equipped with a functioning ignition interlock system. He  shall
                                                                        
                                       15
                                                                        
  1    become  eligible  for restricted driving privileges only after having served a
  2    period of absolute suspension of driving privileges of sixty (60)  days.  This
  3    subsection (7) shall not apply to those persons who are sentenced to incarcer-
  4    ation in a state penitentiary pursuant to subsection (6) of this section.
  5        (8)  For  the  purpose of computation of the enhancement period in subsec-
  6    tions (4), (56) and (79) of this section, the time that  elapses  between  the
  7    date  of commission of the offense and the date the defendant pleads guilty or
  8    is found guilty for the pending offense shall be excluded. If  the  determina-
  9    tion  of  guilt  against  the defendant is reversed upon appeal, the time that
 10    elapsed between the date of the commission of the offense  and  the  date  the
 11    defendant  pleads guilty or is found guilty following the appeal shall also be
 12    excluded.
 13        (79)  Notwithstanding the provisions of subsections (4) and (56)  of  this
 14    section,  any person who has pled guilty or has been found guilty of a  felony
 15    violation of the provisions of section 18-8004, Idaho Code, a felony violation
 16    of the provisions of section 18-8004C, Idaho Code, a violation of  the  provi-
 17    sions of section 18-8006, Idaho Code, a violation of the provisions of section
 18    18-4006  3.(b),  Idaho  Code, or any substantially conforming foreign criminal
 19    felony violation, and within fifteen (15) years  pleads  guilty  or  is  found
 20    guilty  of  a  further  violation  of the provisions of section 18-8004, Idaho
 21    Code, shall be guilty of a felony and shall be sentenced pursuant  to  subsec-
 22    tion (56) of this section.
 23        (810) For  the  purpose of subsections (4), (56)  and (79) of this section
 24    and the provisions of section 18-8004C, Idaho Code, a substantially conforming
 25    foreign criminal violation exists when a person has pled guilty to or has been
 26    found guilty of a violation of any federal law or law of another state, or any
 27    valid county, city, or town ordinance of another state substantially  conform-
 28    ing  to  the  provisions of section 18-8004, Idaho Code. The determination  of
 29    whether a foreign criminal violation is substantially conforming is a question
 30    of law to be determined by the court.
 31        (911) Any person who pleads guilty to or is found guilty of a violation of
 32    the provisions of section 18-8004, 18-8004C  or  18-8006,  Idaho  Code,  shall
 33    undergo,  at his own expense, (or at county expense through the procedures set
 34    forth in chapters 34 and 35, title 31, Idaho Code,) and prior to the  sentenc-
 35    ing  date, an alcohol evaluation by an alcohol evaluation facility approved by
 36    the Idaho department of health and welfare; provided however, if the defendant
 37    has no prior or pending charges with respect  to  the  provisions  of  section
 38    18-8004,  18-8004C  or  18-8006, Idaho Code, and the court has the records and
 39    information required under subsections (102)(a), (b) and (c) of  this  section
 40    or   possesses  information  from  other  reliable  sources  relating  to  the
 41    defendant's use or nonuse of alcohol or drugs which does not  give  the  court
 42    any reason to believe that the defendant regularly abuses alcohol or drugs and
 43    is  in  need of treatment, the court may, in its discretion, waive the evalua-
 44    tion with respect  to  sentencing  for  a  violation  of  section  18-8004  or
 45    18-8004C(1),  Idaho Code, and proceed to sentence the defendant. The court may
 46    also, in its discretion, waive the requirement of an alcohol  evaluation  with
 47    respect  to  a  defendant's  violation  of  the provisions of section 18-8004,
 48    18-8004C or 18-8006, Idaho Code, and proceed to sentence the defendant if  the
 49    court  has  a  presentence  investigation  report, substance abuse assessment,
 50    criminogenic  risk  assessment,  or  other  assessment  which  evaluates   the
 51    defendant's  degree  of alcohol abuse and need for alcohol treatment conducted
 52    within twelve (12) months preceding the date of the defendant's sentencing. In
 53    the event an alcohol evaluation indicates the need for alcohol treatment,  the
 54    evaluation  shall  contain  a  recommendation  by the evaluator as to the most
 55    appropriate treatment program, together with the estimated cost  thereof,  and
                                                                        
                                       16
                                                                        
  1    recommendations  for  other  suitable alternative treatment programs, together
  2    with the estimated costs thereof. The person shall request that a copy of  the
  3    completed evaluation be forwarded to the court. The court shall take the eval-
  4    uation into consideration in determining an appropriate sentence. If a copy of
  5    the  completed  evaluation  has  not been provided to the court, the court may
  6    proceed to sentence the defendant; however, in such event, it  shall  be  pre-
  7    sumed  that alcohol treatment is required unless the defendant makes a showing
  8    by a preponderance of evidence that treatment is not required. If the  defend-
  9    ant  has  not  made  a  good faith effort to provide the completed copy of the
 10    evaluation to the court, the court may consider the failure of  the  defendant
 11    to  provide the report as an aggravating circumstance in determining an appro-
 12    priate sentence. If treatment is ordered, in no  event  shall  the  person  or
 13    facility  doing  the  evaluation  be  the person or facility that provides the
 14    treatment unless this requirement is waived by the sentencing court, with  the
 15    exception  of federally recognized Indian tribes or federal military installa-
 16    tions, where diagnosis and treatment are appropriate  and  available.  Nothing
 17    herein  contained  shall  preclude the use of funds authorized pursuant to the
 18    provisions of chapter 3, title  39,  Idaho  Code,  for  court-ordered  alcohol
 19    treatment for indigent defendants.
 20        (102) At the time of sentencing, the court shall be provided with the fol-
 21    lowing information:
 22        (a)  The  results,  if  administered,  of any evidentiary test for alcohol
 23        and/or drugs;
 24        (b)  A computer or teletype or other acceptable copy of the person's driv-
 25        ing record;
 26        (c)  Information as to whether the defendant has pled guilty  to  or  been
 27        found  guilty  of violation of the provisions of section 18-8004, 18-8004C
 28        or 18-8006, Idaho Code, or a similar offense  within  the  past  five  (5)
 29        years,   notwithstanding   the   form   of  the  judgment(s)  or  withheld
 30        judgment(s); and
 31        (d)  The alcohol evaluation required in subsection (911) of this  section,
 32        if any.
 33        (113) A  minor may be prosecuted for a violation of the provisions of sec-
 34    tion 18-8004 or 18-8004C, Idaho Code, under chapter 5, title 20,  Idaho  Code.
 35    In   addition  to  any  other penalty, if a minor pleads guilty to or is found
 36    guilty of a violation of the provisions of section 18-8004(1)(a), (b)  or  (c)
 37    or  18-8004C,  Idaho  Code,  he shall have his driving privileges suspended or
 38    denied for an additional one (1) year following the end of any period of  sus-
 39    pension  or  revocation  existing  at  the  time of the violation, or until he
 40    reaches the age of twenty-one (21) years, whichever period is greater.  During
 41    the  period  of  additional suspension or denial, absolutely no driving privi-
 42    leges shall be allowed.
 43        (124) In the event that the  alcohol  evaluation  required  in  subsection
 44    (911)  of this section recommends alcohol treatment, the court shall order the
 45    person to complete a treatment program in addition to any other sentence which
 46    may be imposed, unless the court determines that alcohol  treatment  would  be
 47    inappropriate  or  undesirable, in which event, the court shall enter findings
 48    articulating the reasons for such determination on the record. The court shall
 49    order the defendant to complete the preferred treatment program set  forth  in
 50    the  evaluation,  or  a  comparable  alternative,  unless  it appears that the
 51    defendant cannot reasonably  obtain  adequate  financial  resources  for  such
 52    treatment. In that event, the court may order the defendant to complete a less
 53    costly  alternative set forth in the evaluation, or a comparable program. Such
 54    treatment shall, to the greatest extent possible, be at  the  expense  of  the
 55    defendant.  In  the  event  that  funding  is provided for or on behalf of the
                                                                        
                                       17
                                                                        
  1    defendant by an entity of state government, restitution shall  be  ordered  to
  2    such  governmental  entity  in  accordance  with the restitution procedure for
  3    crime victims, as specified under chapter 53, title 19,  Idaho  Code.  Nothing
  4    contained  herein shall be construed as requiring a court to order that a gov-
  5    ernmental entity shall provide alcohol treatment at government expense  unless
  6    otherwise required by law.
  7        (135) Any  person  who  is  disqualified, or whose driving privileges have
  8    been suspended, revoked or canceled under  the  provisions  of  this  chapter,
  9    shall  not  be  granted  restricted driving privileges to operate a commercial
 10    motor vehicle.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17095

The legislation would give drug court judges, including DUI court
judges, authority to grant driving privileges to an offender in
good standing who is participating in a drug court program,
provided that the offender drive a motor vehicle equipped with a
functioning ignition interlock system.  The offender would only
be eligible for restricted driving privileges after the offender
has served a period of absolute suspension of driving privileges
of sixty days.



                           FISCAL NOTE

This legislation would have no fiscal impact.





Contact
Name: Representative Les Bock 
Phone: 332-1258


STATEMENT OF PURPOSE/FISCAL NOTE                         H 254