T18CH80

Title 18 > T18CH80

Sections (16)

18-8001

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8001. Driving without privileges. (1)(a) Except as provided in paragraph (b) of this subsection, any person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge or who has received legal notice pursuant to section 49-320 , Idaho Code, that his driver’s license, driving privileges or permit to drive is revoked, disqualified or suspended in this state or any other jurisdiction is guilty of a misdemeanor. (b) Any person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge or who has received legal notice pursuant to section 49-320 , Idaho Code, that his driver’s license, driving privileges or permit to drive is revoked, disqualified or suspended in this state or any other jurisdiction and whose license was suspended for any reason outlined in sections 18-1502 , 49-326 (1)(g), 49-1204 and 49-1207 , Idaho Code, is guilty of an infraction punishable by a fine of one hundred fifty dollars ($150). (2) A person has knowledge that his license, driving privileges or permit to drive is revoked, disqualified or suspended when: (a) He has actual knowledge of the revocation, disqualification or suspension of his license, driving privileges or permit to drive; or (b) He has received oral or written notice from a verified, authorized source that his license, driving privileges or permit to drive was revoked, disqualified or suspended; or (c) Notice of the suspension, disqualification or revocation of his license, driving privileges or permit to drive was mailed by first class mail to his address pursuant to section 49-320 , Idaho Code, as shown in the transportation department records, and he failed to receive the notice or learn of its contents as a result of his own unreasonable, intentional or negligent conduct or his failure to keep the transportation department apprised of his mailing address as required by section 49-320 , Idaho Code; or (d) He has knowledge of, or a reasonable person in his situation exercising reasonable diligence would have knowledge of, the existence of facts or circumstances which, under Idaho law, might have caused the revocation, disqualification or suspension of his license, driving privileges or permit to drive. (3) A minor may be prosecuted for a violation of subsection (1) of this section under chapter 5, title 20 , Idaho Code. (4) If a person is convicted for a violation of section 18-8004 , 18-8004C or 18-8006 , Idaho Code, and at the time of arrest had no driving privileges, the penalties imposed by this section shall be in addition to any penalties imposed under the provisions of section 18-8005 , 18-8004A , 18-8004C or 18-8006 , Idaho Code, and not in lieu thereof. (5) In no event shall a person be granted restricted driving privileges unless the person shows proof of liability insurance or other proof of financial responsibility, as provided in cha

18-8002

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8002. Tests of driver for alcohol concentration, presence of drugs or other intoxicating substances — Penalty and suspension upon refusal of tests. (1) Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for concentration of alcohol as defined in section 18-8004 , Idaho Code, and to have given his consent to evidentiary testing for the presence of drugs or other intoxicating substances, provided that such testing is administered at the request of a peace officer having reasonable grounds to believe that person has been driving or was in actual physical control of a motor vehicle in violation of the provisions of section 18-8004 or 18-8006 , Idaho Code. (2) Such person shall not have the right to consult with an attorney before submitting to such evidentiary testing. (3) At the time evidentiary testing for concentration of alcohol or for the presence of drugs or other intoxicating substances is requested, the person shall be informed that if he refuses to submit to or if he fails to complete evidentiary testing: (a) He is subject to a civil penalty of two hundred fifty dollars ($250)forrefusingtotakethetest;(b)Heissubjecttomandatoryinstallationofastate-approvedignitioninterlocksystem,athisexpense,onallofthemotorvehiclesoperatedbyhimforaperiodtoendone(1)yearfollowingtheendofthesuspensionperiod;(c)Hehastherighttorequestahearingwithinseven(7)daystoshowcausewhyherefusedtosubmittoorcompleteevidentiarytesting;(d)Ifhedoesnotrequestahearingordoesnotprevailatthehearing,thecourtshallsustainthecivilpenaltyandshallordertherequiredinstallationofastate-approvedignitioninterlocksystemonallmotorvehiclesoperatedbyhimandhisdriver’slicensewillbesuspendedabsolutelyforone(1)yearifthisishisfirstrefusalandtwo(2)yearsifthisishissecondrefusalwithinten(10)years;(e)Providedhowever,ifheisadmittedtoaproblemsolvingcourtprogramandhasservedatleastforty-five(45)daysofanabsolutesuspensionofdrivingprivileges,thenhemaybeeligibleforarestrictedpermitforthepurposeofgettingtoandfromwork,schooloranalcoholtreatmentprogram,butonlyifastate-approvedignitioninterlocksystemhasbeeninstalled,athisexpense,onallmotorvehiclesoperatedbyhim;and(f)Aftersubmittingtoevidentiarytesting,hemay,whenpracticable,athisownexpense,haveadditionaltestsmadebyapersonofhisownchoosing.(4)Ifthemotoristrefusestosubmittoorcompleteevidentiarytestingaftertheinformationhasbeengiveninaccordancewithsubsection(3)ofthissection:(a)Heshallbefinedacivilpenaltyoftwohundredfiftydollars($250); (b) The court shall direct the installation, at his expense, of a state-approved ignition interlock syst

18-8002A

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8002A. Tests of driver for alcohol concentration, presence of drugs or other intoxicating substances — Suspension upon failure of tests. (1) Definitions. As used in this section: (a) Actual physical control means being in the driver’s position of a motor vehicle with the motor running or with the vehicle moving. (b) Administrative hearing means a hearing conducted by a hearing officer to determine whether a suspension imposed by the provisions of this section should be vacated or sustained. (c) Department means the Idaho transportation department and, as the context requires, shall be construed to include any agent of the department designated by rule as hereinafter provided. (d) Director means the director of the Idaho transportation department. (e) Evidentiary testing means a procedure or test or series of procedures or tests utilized to determine the concentration of alcohol or the presence of drugs or other intoxicating substances in a person, including additional testing authorized by subsection (6) of this section. An evidentiary test for alcohol concentration shall be based on a formula of grams of alcohol per one hundred (100) cubic centimeters of blood, per two hundred ten (210) liters of breath, or per sixty-seven (67) milliliters of urine. Analysis of blood, breath or urine for the purpose of determining 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 the Idaho state police, or by any other method approved by the Idaho state police. Notwithstanding any other provision of law or rule of court, the results of any test for alcohol concentration and records relating to calibration, approval, certification or quality control performed by a laboratory operated and approved by the Idaho state police or by any other method approved by the Idaho state police shall be admissible in any proceeding in this state without the necessity of producing a witness to establish the reliability of the testing procedure for examination. (f) Hearing officer means a person designated by the department to conduct administrative hearings. The hearing officer shall have authority to administer oaths, examine witnesses and take testimony, receive relevant evidence, issue subpoenas, regulate the course and conduct of the hearing and make a final ruling on the issues before him. (g) Hearing request means a request for an administrative hearing on the suspension imposed by the provisions of this section. (2) Information to be given. At the time of evidentiary testing for concentration of alcohol or for the presence of drugs or other intoxicating substances is requested, the person shall be informed that if the person refuses to submit to or fails to complete evidentiary testing, or if the person submits to and completes evidentiary testin

18-8003

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8003. Persons authorized to withdraw blood for the purposes of determining content of alcohol or other intoxicating substances and restitution orders. (1) Only a licensed physician, qualified medical technologist, registered nurse, phlebotomist trained in a licensed hospital or educational institution or other medical personnel trained in a licensed hospital or educational institution to withdraw blood can, at the order or request of a peace officer, withdraw blood for the purpose of determining the content of alcohol, drugs or other intoxicating substances therein. This limitation shall not apply to the taking of a urine, saliva or breath specimen. For purposes of this section: (a) the term qualified medical technologist shall be deemed to mean a person who meets the standards of a clinical laboratory technologist as set forth by the then current rules and regulations of the social security administration of the United States department of health and human services pursuant to subpart M of part 405, chapter III, title 20 , of the code of federal regulation; and (b) the terms phlebotomist and other medical personnel shall be deemed to mean persons who meet the standards for the withdrawing of blood as designated and qualified by the employing medical facility or other employing entity of those persons. (2) Upon conviction for a felony or misdemeanor violation under this chapter, except pursuant to sections 18-8001 and 18-8007 , Idaho Code, or upon conviction for vehicular manslaughter pursuant to section 18-4006 (3)(b), Idaho Code, the court may order restitution for the reasonable costs incurred by law enforcement agencies to withdraw blood samples, perform laboratory analysis, transport and preserve evidence, preserve evidentiary test results and for testimony relating to the analysis in judicial proceedings, including travel costs associated with the testimony. Law enforcement agencies shall include, but not be limited to, the Idaho state police, county and city law enforcement agencies, the office of the attorney general and county and city prosecuting attorney offices. In the case of reimbursement to the Idaho state police, those moneys shall be paid to the Idaho state police for deposit into the drug and driving while under the influence enforcement donation fund created in section 57-816 , Idaho Code. In the case of reimbursement to the office of the attorney general, those moneys shall be paid to the general fund. A conviction for purposes of this subsection means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s). (3) The person tested may, at his own expense, have a person of his own choosing, who is authorized to make a test, administer an evidentiary test for alcohol concentration in addition to the one administered at the request of a peace officer. History: [18-8003, added 1984, ch. 22, sec. 2, p. 2

18-8004

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8004. Persons under the influence of alcohol, drugs or any other intoxicating substances. (1) (a) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an 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, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public. (b) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.04 or higher but less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a commercial motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public. (c) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.08 or higher, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a commercial motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public. (d) It is unlawful for any person under the age of twenty-one (21) years who has an alcohol concentration of at least 0.02 but less than 0.08, as defined in subsection (4) of this section, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public. Any person violating this subsection shall be subject to the penalties provided in section 18-8004A , Idaho Code. (2) Any person having an alcohol concentration of less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, by a test requested by a police officer shall not be prosecuted for driving under the influence of alcohol, except as provided in subsection (3), subsection (1)(b) or subsection (1)(d) of this section. Any person who does not take a test to determine alcohol concentration or whose test result is determined by the court to be unreliable or inadmissible against him, may be prosecuted for driving or being in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or any other intoxicating substances, on other competent evidence. (3) If the resu

18-8004A

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8004A. Penalties — Persons under 21 with less than 0.08 alcohol concentration. (1) Any person found guilty of a violation of subsection (1)(d) of section 18-8004 , Idaho Code, shall be guilty of a misdemeanor; and, for a first offense: (a) Shall be fined an amount not to exceed one thousand dollars ($1,000);(b)Shallhavehisdrivingprivilegessuspendedbythecourtforaperiodofone(1)year,ninety(90)daysofwhichshallnotbereducedandduringwhichperiodabsolutelynodrivingprivilegesofanykindmaybegranted.Aftertheperiodofabsolutesuspensionofdrivingprivilegeshaspassed,thedefendantmayrequestrestricteddrivingprivilegeswhichthecourtmayallow,ifthedefendantshowsbyapreponderanceoftheevidencethatdrivingprivilegesarenecessaryasdeemedappropriatebythecourt;(c)Shallbeadvisedbythecourtinwritingatthetimeofsentencingofthepenaltiesthatwillbeimposedforanysubsequentviolationoftheprovisionsofthissectionoranyviolationofsection18-8004,IdahoCode,whichadviceshallbesignedbythedefendant,andacopyretainedbythecourtandanothercopyretainedbytheprosecutingattorney;(d)Shallberequiredtoundergoanalcoholevaluationandotherwisecomplywiththerequirementsofsection18-8005(11)and(15),IdahoCode,asorderedbythecourt.(2)Anypersonwhopleadsguiltytoorisfoundguiltyofaviolationoftheprovisionsofsubsection(1)(d)ofsection18-8004,IdahoCode,whopreviouslyhasbeenfoundguiltyoforhaspledguiltytoaviolationoftheprovisionsofsection18-8004(1)(a),(b),(c)or(d),IdahoCode,oranysubstantiallyconformingforeigncriminalviolation,asdefinedinsection18-8005(10),IdahoCode,notwithstandingtheformofthejudgmentorwithheldjudgment,isguiltyofamisdemeanor;and:(a)Shallbesentencedtojailforamandatoryminimumperiodoffive(5)days,asrequiredby23U.S.C.section164,nottoexceedthirty(30)days;(b)Shallbefinedanamountofnotlessthanfivehundreddollars($500) nor more than two thousand dollars ($2,000); (c) Shall have his driving privileges suspended by the court for a period not to exceed two (2) years, one (1) year of which shall be absolute and shall not be reduced and during which period absolutely no driving privileges of any kind may be granted; (d) Shall, while operating a motor vehicle, be required to drive only a motor vehicle equipped with a functioning ignition interlock system, as provided in section 18-8008 , Idaho Code, following the mandatory one (1) year license suspension period; (e) Shall be advised by the court in writing at the time of sentencing of the penalties that will be imposed for subsequent violations of the provisions of this section or section 18-8004 , Idaho Code, which advice shall be signed by the defendant, and a copy retained by the court and another copy retained by the prosecutin

18-8004C

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8004C. Excessive alcohol concentration — Penalties. Notwithstanding any provision of section 18-8005 , Idaho Code, to the contrary: (1) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004 (1)(a), Idaho Code, for the first time, but who has an alcohol concentration of 0.20, as defined in section 18-8004 (4), Idaho Code, or more, as shown by an analysis of his blood, breath or urine by a test requested by a police officer, shall be guilty of a misdemeanor; and: (a) Shall be sentenced to jail for a mandatory minimum period of not less than ten (10) days, the first forty-eight (48) hours of which must be consecutive, and may be sentenced to not more than one (1) year; (b) May be fined an amount not to exceed two thousand dollars ($2,000);(c)Shallbeadvisedbythecourtinwritingatthetimeofsentencing,ofthepenaltiesthatwillbeimposedforsubsequentviolationsoftheprovisionsofthissectionandviolationsoftheprovisionsofsection18-8004,IdahoCode,whichadviceshallbesignedbythedefendant,andacopyretainedbythecourtandanothercopyretainedbytheprosecutingattorney;(d)Shallsurrenderhisdriver’slicenseorpermittothecourt;(e)Shallhavehisdrivingprivilegessuspendedbythecourtforanadditionalmandatoryminimumperiodofone(1)yearafterreleasefromconfinement,duringwhichone(1)yearperiodabsolutelynodrivingprivilegesofanykindmaybegranted.(2)Anypersonwhopleadsguiltytoorisfoundguiltyofaviolationoftheprovisionsofsection18-8004,IdahoCode,andwhohasanalcoholconcentrationof0.20,asdefinedinsection18-8004(4),IdahoCode,ormore,asshownbyananalysisofhisblood,breathorurinebyatestrequestedbyapoliceofficer,andwhopreviouslyhasbeenfoundguiltyoforhaspledguiltytoone(1)ormoreviolationsoftheprovisionsofsection18-8004,IdahoCode,inwhichthepersonhadanalcoholconcentrationof0.20ormore,oranysubstantiallyconformingforeigncriminalviolationwhereinthedefendanthadanalcoholconcentrationof0.20ormore,oranycombinationthereof,withinfive(5)years,notwithstandingtheformofjudgmentorwithheldjudgmentshallbeguiltyofafelony;and:(a)Shallbesentencedtothecustodyofthestateboardofcorrectionforatermnottoexceedfive(5)years;providedthatnotwithstandingtheprovisionsofsection19-2601,IdahoCode,shouldthecourtimposeanysentenceotherthanincarcerationinthestatepenitentiary,thedefendantshallbesentencedtothecountyjailforamandatoryminimumperiodofnotlessthanthirty(30)days;andfurtherprovidedthatnotwithstandingtheprovisionsofsection18-111,IdahoCode,aconvictionunderthissectionshallbedeemedafelony;(b)Maybefinedanamountnottoexceedfivethousanddollars($5,000); (c) Shall surrender his driver’s license or pe

18-8005

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8005. Penalties. (1) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004 (1)(a), Idaho Code, for the first time is guilty of a misdemeanor; and, except as provided in section 18-8004C , Idaho Code: (a) May be sentenced to jail for a term not to exceed six (6) months; (b) May be fined an amount not to exceed one thousand dollars ($1,000); (c) Shall be advised by the court in writing at the time of sentencing of the penalties that will be imposed for subsequent violations of the provisions of section 18-8004 , Idaho Code, which advice shall be signed by the defendant, and a copy retained by the court and another copy retained by the prosecuting attorney; (d) Shall have his driving privileges suspended by the court for a period of thirty (30) days, which shall not be reduced and during which thirty (30) day period absolutely no driving privileges of any kind may be granted. After the thirty (30) day period of absolute suspension of driving privileges has passed, the defendant shall have driving privileges suspended by the court for an additional period of at least sixty (60) days, not to exceed one hundred fifty (150) days, during which the defendant may request restricted driving privileges that the court may allow, if the defendant shows by a preponderance of the evidence that driving privileges are necessary for his employment or for family health needs; and (e) Unless an exception is granted pursuant to section 18-8002 (12), Idaho Code, shall within ten (10) days following the end of the period of absolute suspension have a state-approved ignition interlock system meeting the requirements of section 18-8008 , Idaho Code, installed, at his expense, on all motor vehicles operated by him for a period to end one (1) year following the end of the suspension period. 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) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004 (1)(b), Idaho Code, for the first time is guilty of a misdemeanor and subject to: (a) The provisions of subsection (1)(a), (b), (c) and (e) of this section; and (b) The provisions of section 49-335 , Idaho Code. (3) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004 (1)(c), Idaho Code, for the first time is guilty of a misdemeanor and is subject to: (a) The provisions of subsection (1)(a), (b), (c) and (e) of this section; and (b) The provisions of section 49-335 , Idaho Code. (4) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004 (1)(a), (b) or (c), Idaho Code, who previousl

18-8006

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8006. Aggravated driving 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 18-8004 (1)(a) or (1)(c), Idaho Code, is guilty of a felony, and upon conviction: (a) Shall be sentenced to the state board of correction for not to exceed fifteen (15) 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, the first forty-eight (48) hours of which must be consecutive; 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 surrender his driver’s license or permit to the court; and (d) Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment, and may have his driving privileges suspended by the court for not to exceed five (5) years after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind; and (e) Shall be ordered by the court to pay restitution in accordance with chapter 53, title 19 , Idaho Code. (2) At the time of sentencing, the court shall inform the defendant that a second or subsequent offense of driving while under the influence of alcohol, drugs, or any other intoxicating substances that results in death may be considered vehicular manslaughter and may result in stricter punishment, including a mandatory fixed term of imprisonment of at least five (5) years for a second offense and a mandatory fixed term of imprisonment of at least ten (10) years for a third or subsequent offense, as provided in section 18-4007 (3)(b)(ii) and (iii), Idaho Code. Failure by the court to inform the defendant of such information shall not prohibit the imposition of a mandatory fixed term of imprisonment, and proof of knowledge of the mandatory fixed term of imprisonment shall not be required for such term to be imposed. (3) 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(s) or withheld judgment(s). History: [18-8006, added 1984, ch. 22, sec. 2, p. 32; am. 1986, ch. 201, sec. 2, p. 504; am. 1989, ch. 88, sec. 63, p. 205; am. 1990, ch. 45, sec. 46, p. 117; am. 1997, ch. 114, sec. 2, p. 288; am. 2000,

18-8006A

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8006A. aggravated driving while reckless. (1) A person shall be guilty of aggravated driving while reckless if he causes great bodily harm, permanent disability, or permanent disfigurement to any person other than himself in committing a violation of the provisions of section 49-1401 (1), Idaho Code. (2) Any person who commits aggravated driving while reckless upon conviction: (a) Shall be sentenced to the state board of correction for a term not to exceed fifteen (15) years. 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 at least thirty (30) days, the first forty-eight (48) hours of which must be consecutive. 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 surrender his driver’s license or permit to the court; (d) Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment and may have his driving privileges suspended by the court for a period not to exceed five (5) years after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind; and (e) Shall be ordered by the court to pay restitution in accordance with chapter 53, title 19 , Idaho Code. (3) 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: [18-8006A, added 2024, ch. 90, sec. 1, p. 429.]

18-8007

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8007. Leaving scene of accident resulting in injury or death. (1) The driver of any vehicle that has been involved in an accident, either upon public or private property open to the public, who knows or has reason to know that said accident has resulted in injury to or death of any person shall: (a) Immediately stop the vehicle at the scene of the accident or as close thereto as possible. Every stop required under this section shall be made without obstructing traffic more than is necessary. (b) Remain at the scene of the accident until the driver has fulfilled all the requirements under this section. (c) Give his name, address, the name of his insurance agent or company if he has automobile liability insurance, and the motor vehicle registration number of the vehicle he is driving to the person struck, or to the driver or occupant of or person attending any vehicle collided with. (d) If available, exhibit his driver’s license to the person struck, or to the driver or occupant of or person attending any vehicle collided with. (e) Render to any person injured in the accident reasonable assistance, including the conveying or the making of arrangements for the conveying of such person to a physician, surgeon, hospital or other medical facility, for medical or surgical treatment, if it is apparent that such treatment is necessary or if such conveying is requested by the injured person. (2) A violation of any provision of this section shall constitute a felony and be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment in the state penitentiary for a period of not more than five (5) years, or by both such fine and imprisonment. (3) The director of the transportation department shall revoke for a period of one (1) year the driver’s license or permit to drive, or the nonresident operating privilege, of any person convicted or found guilty of violating any provision of this section. Such revocation shall preclude any type of work permit or other form of limited driving privileges as provided in section 49-326 , Idaho Code. History: [18-8007, added 1987, ch. 208, sec. 1, p. 440; am. 1988, ch. 265, sec. 565, p. 863; am. 1989, ch. 88, sec. 64, p. 206; am. 1992, ch. 115, sec. 41, p. 386.]

18-8008

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8008. Ignition interlock systems. (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, including a camera, 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; am. 2019, ch. 305, sec. 3, p. 910.]

18-8008A

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8008A. Electronic monitoring devices. (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 the sanction provided for in this section in addition to any other penalty or fine imposed pursuant to this chapter. (2) 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. (3) If a court orders a defendant to use an 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. History: [18-8008A, added 2018, ch. 254, sec. 6, p. 602.]

18-8009

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8009. Ignition interlocks — Assisting another in starting or operating — Penalty. A person who knowingly assists another person who is restricted to the use of an ignition interlock device to start and operate that vehicle in violation of a court order shall be guilty of a misdemeanor. The provisions of this section do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and person subject to the court order does not operate the vehicle. History: [18-8009, added 1988, ch. 339, sec. 3, p. 1009.]

18-8010

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8010. Surcharge added to all fines. Every person who is convicted, found guilty, pleads guilty or receives a withheld judgment for violating the provisions of this chapter shall be required to pay an additional fifteen dollars ($15.00) in addition to any other fine, penalty or costs the court may assess. Moneys received pursuant to this section shall be remitted to the county treasurer in the county where the person was adjudicated for deposit in the court interlock device and electronic monitoring device fund, which is hereby created in each county. Moneys in this fund may be utilized for the purchase of ignition interlock devices and electronic monitoring devices required pursuant to sections 18-8002 , 18-8002A , 18-8005 , 18-8008 and 18-8008A , Idaho Code. Additionally, any moneys a court charges a defendant for using an ignition interlock device or electronic monitoring devices shall be placed in this fund. The court or a prosecuting attorney who establishes a diversion program pursuant to section 19-3509 , Idaho Code, may also utilize moneys in this fund to assist an indigent defendant or indigent diversion participant to procure an ignition interlock device or electronic monitoring devices. The court may also utilize moneys in this fund for alcohol or drug abuse-related probation, treatment or prevention programs for adults or juveniles. History: [18-8010, added 1988, ch. 339, sec. 4, p. 1009; am. 1996, ch. 417, sec. 1, p. 1387; am. 1998, ch. 416, sec. 1, p. 1314; am. 2018, ch. 254, sec. 7, p. 603; am. 2019, ch. 305, sec. 4, p. 911.]

18-8011

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8011. Stay of suspension of drivers’ licenses or driving privileges upon reincarceration. A court-ordered suspension of an individual’s driver’s license or driving privileges issued pursuant to this chapter that is to commence after that individual’s release from confinement or imprisonment, shall cease to run if the individual is reincarcerated. The court-ordered suspension will be stayed for the entire period the individual is reincarcerated and will recommence as of the date the individual is rereleased from confinement or imprisonment. Upon the individual’s release from confinement or imprisonment, the suspension period will run for the number of days remaining on the suspension as of the date of the individual’s reincarceration. History: [18-8011, added 1998, ch. 152, sec. 4, p. 527.]