2005 Idaho Code - 18-8004C — EXCESSIVE ALCOHOL CONCENTRATION -- PENALTIES

                                  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)  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 and violations 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 surrender his driver's license or permit to the court;
    (e)  Shall have his driving privileges suspended by the court for an
    additional mandatory minimum period of one (1) year after release from
    confinement, during which one (1) year period absolutely no driving
    privileges of any kind may be granted; and
    (2)  Any person who pleads guilty to or is found guilty of a violation of
the provisions of section 18-8004, Idaho Code, and 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, and who previously has been found guilty of or has pled guilty
to one (1) or more violations of section 18-8004, Idaho Code, in which the
person had an alcohol concentration of 0.20 or more, or any substantially
conforming foreign criminal violation wherein the defendant had an alcohol
concentration of 0.20 or more, or any combination thereof, within five (5)
years, notwithstanding the form of judgment or withheld judgment shall be
guilty of a felony; and:
    (a)  Shall be sentenced to the custody of 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 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, 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 license
    suspension period.
    (3)  All the provisions of section 18-8005, Idaho Code, not in conflict
with or otherwise provided for in this section, shall apply to this section.
    (4)  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.

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