US Laws, Codes, Statutes & Cases

                                  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 results of the test requested by a police officer show a
person's alcohol concentration of less than 0.08, as defined in subsection (4)
of this section, such fact may be considered with other competent evidence of
drug use other than alcohol in determining the guilt or innocence of the
defendant.
    (4)  For purposes of this chapter, an evidentiary test for alcohol
concentration shall be based upon a formula of grams of alcohol per one
hundred (100) cubic centimeters of blood, per two hundred ten (210) liters of
breath or sixty-seven (67) milliliters of urine. 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.  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 or 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.
    (5)  "Actual physical control" as used in this section, shall be defined
as being in the driver's position of the motor vehicle with the motor running
or with the motor vehicle moving.
    (6)  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).
    (7)  The fact that any person charged with a violation of the provisions
of this chapter involving being under the influence of any drug, or any
combination of drugs with alcohol or any other intoxicating substance, is or
has been entitled to use such drug under the laws of this state or of any
other jurisdiction shall not constitute a defense against any charge of a
violation of the provisions of this chapter.