Idaho State Delegates

State Delegate

Brian E. Elkins
NCDD National College for DUI Defense: Brian E. Elkins NCDD National College for DUI Defense: Brian E. Elkins

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DUI Laws

Summary of Idaho Driving Under the Influences Statutes.

 

Prohibited Vehicular Activity: “…being in the driver’s position of the motor vehicle with the motor running or with the motor vehicle moving.”

Covered Vehicles or Devices: “of a motor vehicle” // “of any vessel” // aircraft // snowmobile or all-terrain vehicle

Covered Locations: “within this state, whether upon a highway, street or bridge, or upon public or private property open to the public” or “on the waters of the state of Idaho”. For operating an aircraft while under the influence – “within this state, whether upon an airport or body of water, or in the airspace over this state.”

Under the Influence Offenses: “alcohol concentration of 0.08, as defined in subsection (4) of this section, or more, as shown by analysis of his blood, urine, or breath….”

“under the influence of alcohol, drugs and/or any other intoxicating substances”

“to influence or affect [impair] the defendant’s ability to drive the motor vehicle”

If under 21, “there is at least 0.02 but less than 0.08 ….”

If commercial motor vehicle, “who has an alcohol concentration of 0.04 or higher …”

Other Criminal Offenses Involving Under the Influence Offenses: A person commits the crime of vehicular manslaughter if he causes the death of another person, without malice, by driving a motor vehicle while under the influence

A person commits the crime of aggravated DUI if while driving under the influence he causes great bodily harm, permanent disability or permanent disfigurement to the person of another with a motor vehicle

Degree of Impairment Required: Under the influence of alcohol, drugs or any intoxicating substance which affects [impairs] his ability to drive the motor vehicle

Penalties for Driving Under the Influence Offenses: For first conviction: Jail sentence of not to exceed six (6) months; fine not to exceed $1000; license suspension not to exceed 180 with the first 30 days being absolute and thereafter the driver may apply for a restricted permit to drive for work purposes, medical reasons, etc.; alcohol evaluation

For second conviction (within a ten year period): Jail sentence of not less than 10 days the first 48 hour of which must be consecutive, and 5 days of which must be served in jail and may be sentenced to not more than 1 year; fine not to exceed $2000; 1 year license suspension after release from jail with no restricted privileges; alcohol evaluation; after one year license suspension can only drive a vehicle equipped with a functioning ignition interlock device.

For third conviction: A felony – for a period not to exceed 10 years in the state penitentiary, mandatory minimum of 30 days in the county jail, the first 48 hours must be consecutive and 10 days must be served in jail; fine not to exceed $5000; license suspended for minimum period of one year after release from imprisonment and up to 5 years during which time he shall have absolutely no driving privileges of any kind; interlock device; alcohol evaluation

Under 21 DUI (first offense): fine not to exceed $1000; license suspension up to one year with minimum of 90 days during which time no restricted privileges; alcohol evaluation.

Under 21 DUI (second offense): minimum 5 days in jail not to exceed 30 days; fined not less than $500 but not to exceed $2000; driving privileges suspended for a period no to exceed 2 years with minimum 1 year with no restricted driving privileges; interlock device after 1 year minimum absolute suspension; alcohol evaluation.

Penalties for Other Criminal Offenses Involving Under the Influence Offenses: Aggravated DUI: Felony

Vehicular Manslaughter: Felony

Statutory Drunk Driving Presumptions: If 0.08 percent or less BAC, it shall be presumed that the person was not under the influence of alcohol, unless other competent evidence of drugs.

If 0.08 percent or more BAC, it shall be presumed that the person was under the influence of alcohol

Implied Consent Laws: Tests permitted: Blood, breath or urine. Choice as to test to be given under implied consent law is the police officer’s. Matter of Griffiths, 113 Idaho 364, 770 P.2d 817. If the suspect is requested to submit to a breath test, he may also be requested to a second test of blood or urine if the officer has reasonable cause to believe that the suspect was under the influence of a drug.

Type of advisement required: Of implied consent law requirements set forth in Idaho Code §18-8002(3); of penalties for refusing testing; information given must be in strict compliance with statutory language.

Penalties for refusal: 1 year absolute license suspension for first refusal plus $250 civil penalty; if determined to be second or subsequent refusal in 10 year period, 2 year license suspension

Admissibility of refusal: Usually admissible

Implied Consent Laws – Accidents Involving Death or Serious Injury

Tests permitted: Blood for determining alcoholic content of his or her blood or the presence of drugs or intoxicating substances.

Penalties for refusal: Same as noted above

Chemical Test Laws:
“Analysis of blood, urine, or breath for the purpose of determining the alcohol concentration shall be performed by a laboratory operated by the Idaho state police or by a laboratory approved by the Idaho state police under the provisions of approval and certification standards to be set by that department, or by any other method approved by the Idaho state police.”

Blood-Drawing Statute:
When a person submits to a blood test, only a licensed physician, qualified medical technologist, or registered nurse, phlebotomist trained in a licensed hospital or educational institution or other medical personnel trained in a licensed hospital or educational institution may withdraw blood for the purpose of determining the alcohol content.

Independent Test Statute:
“After submitting to evidentiary testing he may, when practicable, at his own expense, have additional tests made by a person of his own choosing. The failure or inability to obtain an additional test or tests by a person shall not preclude the admission of results of evidentiary testing for alcohol concentration or for the presence of drugs or other intoxicating substances taken at the direction of the peace officer unless the additional test was denied by the peace officer”

Plea Bargaining Statute: None

Suspension of Driver’s License for Alcohol Related Offenses Statutes:
Administrative Per Se Law: If BAC is 0.08 percent or greater, 90 day license suspension with first 30 days being absolute.

Refusal: If refuses to submit to testing, license suspension

Periods of Suspensions under Administrative Action: 90 days: for first failure of evidentiary testing, but you may request restricted noncommercial vehicle driving privileges after the first 30.

1 year: for second failure of evidentiary testing within 5 years

Administrative Review: Any person who has received a notice of suspension may request that the proposed suspension be reviewed by a hearing officer designated by the Idaho transportation department.

Administrative Hearings: Any person who has received a notice of intended suspension may request a hearing on the matter within 7 days of receipt of that notice. Within 28 days of the issuance of the hearing results, a person aggrieved by the determination of the hearing shall have the right to file a petition in the district court for judicial review.

 

ITD: http://itd.idaho.gov/

Idaho Repository - https://www.idcourts.us/repository/start.do

 

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