Idaho Statutes

Idaho Statutes are updated to the web July 1 following the legislative session.

pecnv.out

TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 80
MOTOR VEHICLES
18-8008.  Ignition interlocks — Electronic monitoring devices. [EFFECTIVE UNTIL JANUARY 1, 2019] (1) If a person is convicted, is found guilty, pleads guilty or receives a withheld judgment for violating any of the provisions of this chapter and has had any or all of a sentence or fine suspended for the violation, the court, in its discretion, may impose any, some, or all of the sanctions provided for in this section in addition to any other penalty or fine imposed pursuant to this chapter.
(2)  The court shall order the person to have a state approved ignition interlock system installed on each of the motor vehicles owned or operated, or both, by the offender. The restriction shall be for a period not in excess of the time the person is on probation for the offense but not less than one (1) year for repeat offenders. The calibration setting at which the ignition interlock system will prevent the motor vehicle from being started shall be .025. As used in this section, the term "ignition interlock system" means breath alcohol ignition interlock device, certified by the transportation department, designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage. The transportation department shall by rule provide standards for the certification, installation, repair and removal of the devices. The court shall notify the transportation department of its order imposing a sanction pursuant to this subsection. The department shall attach or imprint a notation on the driver’s license or other document granting the person restricted driving privileges of any person restricted under this subsection that the person may operate only a motor vehicle equipped with an ignition interlock system.
(3)  The court may order the person to use electronic monitoring devices to record the person’s movements if as a condition of probation the person has been given restricted driving privileges between certain times, has been placed under a curfew or has been ordered confined to his residence during times certain. Nothing in this subsection shall restrict the court’s usage of electronic monitoring devices to supervise a defendant on probation for other offenses.
(4)  If a court orders a defendant to use an ignition interlock system or electronic monitoring device pursuant to this section, and the court, or its probation department, furnishes the defendant with the device, the court may order the defendant to pay a reasonable fee for utilizing the equipment. All fees collected pursuant to this section shall be in addition to any other fines or penalty provided by law and shall be deposited in the court interlock device and electronic monitoring device fund created in section 18-8010, Idaho Code.

18-8008.  Ignition interlock systems. [EFFECTIVE JANUARY 1, 2019] 
(1)(a)  If a person is convicted, is found guilty, pleads guilty or receives a withheld judgment for violating any of the provisions of this chapter relating to driving under the influence and has had any or all of a sentence or fine suspended for the violation, the court shall, unless an exception is granted pursuant to section 18-8002(12), Idaho Code, impose the sanction provided for in this section in addition to any other penalty or fine imposed pursuant to this chapter.
(b)  The court shall order the person to have a state approved ignition interlock system installed, at his expense, on all motor vehicles operated by him. A court may determine that an offender is eligible to utilize available funds from the court interlock device and electronic monitoring device fund, as outlined in section 18-8010, Idaho Code, for the installation and operation of an ignition interlock device, based on evidence of financial hardship.
(2)  The calibration setting at which the ignition interlock system will prevent the motor vehicle from being started shall be .025.
(3)  As used in this chapter, the term "ignition interlock system" means breath alcohol ignition interlock device, certified by the transportation department, designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage.
(4)  The transportation department shall by rule provide standards for the certification, installation, repair and removal of the devices.
(5)  The court shall notify the transportation department of its order imposing a sanction pursuant to this section. The department shall attach or imprint a notation on the driver’s license or other document granting the person restricted driving privileges of any person restricted under this section that the person may operate only a motor vehicle equipped with an ignition interlock system.
(6)   When a court orders a person to install and use an ignition interlock system pursuant to this section, the court shall order the person to pay the cost for obtaining, installing, utilizing and maintaining the ignition interlock system. All fees collected pursuant to this section shall be in addition to any other fines or penalty provided by law and shall be deposited in the court interlock device and electronic monitoring device fund created in section 18-8010, Idaho Code.

History:
[18-8008, added 1988, ch. 339, sec. 2, p. 1008; am. 2000, ch. 247, sec. 4, p. 700; am. 2014, ch. 63, sec. 6, p. 166; am. 2018, ch. 254, sec. 5, p. 601.]


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