2005 Idaho Code - 18-8005 — PENALTIES

                                  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) or (5), 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; and
    (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 which 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.
    (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 section 18-8005(1)(a), (b) and (c), Idaho Code; 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 section 18-8005(1)(a), (b) and (c), Idaho Code; 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
previously has been found guilty of or has pled guilty to a violation of the
provisions of section 18-8004(1)(a), (b) or (c), Idaho Code, or any
substantially conforming foreign criminal violation within ten (10) years,
notwithstanding the form of the judgment(s) or withheld judgment(s), and
except as provided in section 18-8004C, Idaho Code, is guilty of a
misdemeanor; and, except as provided in section 18-8004C, Idaho Code:
    (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 five (5) days of which must be served in jail, as
    required by 23 U.S.C. section 164, and may be sentenced to not more than
    one (1) year, provided however, that in the discretion of the sentencing
    judge, the judge may authorize the defendant to be assigned to a work
    detail program within the custody of the county sheriff during the period
    of incarceration;
    (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 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
    (f)  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 one (1) year
    mandatory license suspension period.
    (g)  If the person has pled guilty or was found guilty for the second time
    within ten (10) years of a violation of the provisions of section
    18-8004(1)(b) or (c), Idaho Code, then the provisions of section 49-335,
    Idaho Code, shall apply.
    (5)  Except as provided in section 18-8004C, Idaho Code, 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 previously has been found
guilty of or has pled guilty to two (2) or more violations of the provisions
of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially
conforming foreign criminal violation, or any combination thereof, within ten
(10) years, notwithstanding the form of the judgment(s) or withheld
judgment(s), shall be guilty of a felony; and
    (a)  Shall be sentenced to the custody of the state board of correction
    for not to exceed ten (10) 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 ten (10) days of which must be served in jail, as
    required by 23 U.S.C. section 164; 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 one (1)
    year license suspension period.
    (6)  For the purpose of computation of the enhancement period in
subsections (4), (5) and (7) of this section, the time that elapses between
the date of commission of the offense and the date the defendant pleads guilty
or is found guilty for the pending offense shall be excluded. If the
determination of guilt against the defendant is reversed upon appeal, the time
that elapsed between the date of the commission of the offense and the date
the defendant pleads guilty or is found guilty following the appeal shall also
be excluded.
    (7)  Notwithstanding the provisions of subsections (4) and (5) of this
section, any person who has pled guilty or has been found guilty of a  felony
violation of the provisions of section 18-8004, Idaho Code, a felony violation
of the provisions of section 18-8004C, Idaho Code, a violation of the
provisions of section 18-8006, Idaho Code, a violation of the provisions of
section 18-4006 3.(b), Idaho Code, or any substantially conforming foreign
criminal felony violation, and within fifteen (15) years pleads guilty or is
found guilty of a further violation of the provisions of section 18-8004,
Idaho Code, shall be guilty of a felony and shall be sentenced pursuant to
subsection (5) of this section.
    (8)  For the purpose of subsections (4), (5) and (7) of this section and
the provisions of section 18-8004C, Idaho Code, a substantially conforming
foreign criminal violation exists when a person has pled guilty to or has been
found guilty of a violation of any federal law or law of another state, or any
valid county, city, or town ordinance of another state substantially
conforming to the provisions of section 18-8004, Idaho Code. The determination
of whether a foreign criminal violation is substantially conforming is a
question of law to be determined by the court.
    (9)  Any person who pleads guilty to or is found guilty of a violation of
the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, shall
undergo, at his own expense, (or at county expense through the procedures set
forth in chapters 34 and 35, title 31, Idaho Code,) and prior to the
sentencing date, an alcohol evaluation by an alcohol evaluation facility
approved by the Idaho department of health and welfare; provided however, if
the defendant has no prior or pending charges with respect to the provisions
of section 18-8004, 18-8004C or 18-8006, Idaho Code, and the court has the
records and information required under subsections (10)(a), (b) and (c) of
this section or possesses information from other reliable sources relating to
the defendant's use or nonuse of alcohol or drugs which does not give the
court any reason to believe that the defendant regularly abuses alcohol or
drugs and is in need of treatment, the court may, in its discretion, waive the
evaluation with respect to sentencing for a violation of section 18-8004 or
18-8004C(1), Idaho Code, and proceed to sentence the defendant. The court may
also, in its discretion, waive the requirement of an alcohol evaluation with
respect to a defendant's violation of the provisions of section 18-8004,
18-8004C or 18-8006, Idaho Code, and proceed to sentence the defendant if the
court has a presentence investigation report, substance abuse assessment,
criminogenic risk assessment, or other assessment which evaluates the
defendant's degree of alcohol abuse and need for alcohol treatment conducted
within twelve (12) months preceding the date of the defendant's sentencing. In
the event an alcohol evaluation indicates the need for alcohol treatment, the
evaluation shall contain a recommendation by the evaluator as to the most
appropriate treatment program, together with the estimated cost thereof, and
recommendations for other suitable alternative treatment programs, together
with the estimated costs thereof. The person shall request that a copy of the
completed evaluation be forwarded to the court. The court shall take the
evaluation into consideration in determining an appropriate sentence. If a
copy of the completed evaluation has not been provided to the court, the court
may proceed to sentence the defendant; however, in such event, it shall be
presumed that alcohol treatment is required unless the defendant makes a
showing by a preponderance of evidence that treatment is not required. If the
defendant has not made a good faith effort to provide the completed copy of
the evaluation to the court, the court may consider the failure of the
defendant to provide the report as an aggravating circumstance in determining
an appropriate sentence. If treatment is ordered, in no event shall the person
or facility doing the evaluation be the person or facility that provides the
treatment unless this requirement is waived by the sentencing court, with the
exception of federally recognized Indian tribes or federal military
installations, where diagnosis and treatment are appropriate and available.
Nothing herein contained shall preclude the use of funds authorized pursuant
to the provisions of chapter 3, title 39, Idaho Code, for court-ordered
alcohol treatment for indigent defendants.
    (10) At the time of sentencing, the court shall be provided with the
following information:
    (a)  The results, if administered, of any evidentiary test for alcohol
    and/or drugs;
    (b)  A computer or teletype or other acceptable copy of the person's
    driving record;
    (c)  Information as to whether the defendant has pled guilty to or been
    found guilty of violation of the provisions of section 18-8004, 18-8004C
    or 18-8006, Idaho Code, or a similar offense within the past five (5)
    years, notwithstanding the form of the judgment(s) or withheld
    judgment(s); and
    (d)  The alcohol evaluation required in subsection (9) of this section, if
    any.
    (11) A minor may be prosecuted for a violation of the provisions of
section 18-8004 or 18-8004C, Idaho Code, under chapter 5, title 20, Idaho
Code. In  addition to any other penalty, if a minor pleads guilty to or is
found guilty of a violation of the provisions of section 18-8004(1)(a), (b) or
(c) or 18-8004C, Idaho Code, he shall have his driving privileges suspended or
denied for an additional one (1) year following the end of any period of
suspension or revocation existing at the time of the violation, or until he
reaches the age of twenty-one (21) years, whichever period is greater. During
the period of additional suspension or denial, absolutely no driving
privileges shall be allowed.
    (12) In the event that the alcohol evaluation required in subsection (9)
of this section recommends alcohol treatment, the court shall order the person
to complete a treatment program in addition to any other sentence which may be
imposed, unless the court determines that alcohol treatment would be
inappropriate or undesirable, in which event, the court shall enter findings
articulating the reasons for such determination on the record. The court shall
order the defendant to complete the preferred treatment program set forth in
the evaluation, or a comparable alternative, unless it appears that the
defendant cannot reasonably obtain adequate financial resources for such
treatment. In that event, the court may order the defendant to complete a less
costly alternative set forth in the evaluation, or a comparable program. Such
treatment shall, to the greatest extent possible, be at the expense of the
defendant. In the event that funding is provided for or on behalf of the
defendant by an entity of state government, restitution shall be ordered to
such governmental entity in accordance with the restitution procedure for
crime victims, as specified under chapter 53, title 19, Idaho Code. Nothing
contained  herein shall be construed as requiring a court to order that a
governmental entity shall provide alcohol treatment at government expense
unless otherwise required by law.
    (13) Any person who is disqualified, or whose driving privileges have been
suspended, revoked or canceled under the provisions of this chapter, shall not
be granted restricted driving privileges to operate a commercial motor
vehicle.