2005 Idaho Code - 18-8008 — IGNITION INTERLOCKS -- ELECTRONIC MONITORING DEVICES

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 80
                                MOTOR VEHICLES
    18-8008.  IGNITION INTERLOCKS -- 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 any, some, or all of the sanctions provided for in this
section in addition to any other penalty or fine imposed pursuant to this
chapter.
    (2)  The court shall order the person while operating a motor vehicle to
drive only a motor vehicle equipped with a functioning ignition interlock
device, and the restriction shall be for a period not in excess of the time
the person is on probation for the offense. The court shall establish a
specific calibration setting at which the ignition interlock device will
prevent the motor vehicle from being started and the period of time that the
person shall be subject to the restriction. As used in this section, the term
"ignition interlock device" means breath alcohol analyzed ignition equipment,
certified by the transportation department, designed to prevent a motor
vehicle from being operated by a person who has consumed an alcoholic
beverage. The transportation department shall by rule provide standards for
the certification, installation, repair and removal of the devices. The court
shall notify the transportation department of its order imposing a sanction
pursuant to this subsection. 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 subsection that the
person may operate only a motor vehicle equipped with an ignition interlock
device.
    (3)  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.
    (4)  If a court orders a defendant to use an ignition interlock device or
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.