TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 70

IDAHO SAFE BOATING ACT

67-7035.  Aggravated operating while under the influence of alcohol, drugs or any other intoxicating substances. (1) Any person causing great bodily harm, permanent disability or permanent disfigurement to any person other than himself in committing a violation of the provisions of section 67-7034, Idaho Code, is guilty of a felony, and upon conviction:

(a)  Shall be sentenced to the state board of correction for not to exceed five (5) years, provided that notwithstanding the provisions of section 19-2601, Idaho Code, should the court impose any sentence other than incarceration in the state penitentiary, the defendant shall be sentenced to the county jail for a mandatory minimum period of not less than thirty (30) days; and further provided that notwithstanding the provisions of section 18-111, Idaho Code, a conviction under this section shall be deemed a felony;

(b)  May be fined an amount not to exceed five thousand dollars ($5,000);

(c)  Shall have his privileges to operate a vessel suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment, and may have his privileges to operate a vessel suspended by the court for not to exceed two (2) years after release from imprisonment, during which time he shall have absolutely no privileges of any kind to operate a vessel; and

(d)  Shall, when appropriate, be ordered by the court to pay restitution.

(2)  Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment.

History:

[67-7035, added 1988, ch. 368, sec. 3, p. 1088.]