TITLE 49

MOTOR VEHICLES

CHAPTER 14

TRAFFIC — ENFORCEMENT AND GENERAL PROVISIONS

49-1405.  Arrests for serious offenses. (1) The authority to make an arrest is the same as upon an arrest for a felony when any person is charged with any of the following offenses:

(a)  Negligent homicide.

(b)  Driving, or being in actual physical control, of a vehicle or operating a vessel while under the influence of alcohol or other intoxicating beverage.

(c)  Driving a vehicle or operating a vessel while under the influence of any narcotic drug, or driving a vehicle or operating a vessel while under the influence of any other drug to a degree which renders the person incapable of safely driving a vehicle.

(d)  Failure to stop, or failure to give information, or failure to render reasonable assistance, in the event of an accident resulting in death or personal injuries.

(e)  Failure to stop, or failure to give information, in the event of an accident resulting in damage to a vehicle or vessel or to fixtures or other property legally upon or adjacent to a highway or waterway.

(f)  Reckless driving.

(g)  Fleeing or attempting to elude a peace officer.

(2)  Whenever any person is arrested as authorized in this section, he shall be taken without unnecessary delay before the proper magistrate as provided by law, except that in the case of either of the offenses designated in paragraphs (1)(e), (f) and (g) of this section, a peace officer shall have the same discretion as is provided by law.

(3)  As used in this section, the term "vessel" shall be as defined in section 67-7003, Idaho Code.

History:

[49-1405, added 1988, ch. 265, sec. 341, p. 746; am. 1997, ch. 70, sec. 1, p. 146; am. 2001, ch. 113, sec. 1, p. 404.]