2005 Idaho Code - 67-7034 — PERSONS UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 70
                            IDAHO SAFE BOATING ACT
    67-7034.  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 who has an alcohol
    concentration of 0.08, as defined in subsection (5) of this section, or
    more, as shown by analysis of his blood, urine, breath, or other bodily
    substance, to operate or be in actual physical control of a vessel on the
    waters of the state of Idaho.
    (b)  It is unlawful for any person under twenty-one (21) years of age who
    has an alcohol concentration of at least 0.02 but less than 0.10, as
    defined in subsection (5) of this section, to operate or be in actual
    physical control of a vessel on the waters of the state.
    (2)  Any person having an alcohol concentration of less than 0.08, as
defined in subsection (5) of this section, as shown by analysis of his blood,
urine, breath, or other bodily substance, by a test requested by an authorized
law enforcement officer shall not be prosecuted for operating under the
influence of alcohol, except as provided in subsection (1)(a) and subsection
(3) 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 operating or being in
actual physical control of a vessel while under the influence of alcohol,
drugs, or any other intoxicating substances, or other competent evidence.
    (3)  If the results of the test requested by an authorized law enforcement
officer show a person's alcohol concentration of less than 0.08, as defined in
subsection (5) 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. This subsection does not preclude prosecution for
alcohol intoxication for persons described in subsection (1)(b) of this
section.
    (4)  Persons authorized to withdraw blood for the purposes of determining
content of alcohol or other intoxicating substances are those persons
authorized in section 18-8003, Idaho Code. Immunity from liability in any
civil proceeding for specified causes of action shall be extended to personnel
as provided in section 18-8002, Idaho Code.
    (5)  For purposes of this chapter, an evidentiary test for alcohol
concentration is a determination of the percent by weight of alcohol in blood
and 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 blood 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.
    (6)  It is unlawful for any person who is an habitual user of, or under
the influence of any narcotic drug, or who is under the influence of any other
drug or any combination of alcohol and any drug to a degree which renders him
incapable of safely operating a vessel to operate or be in actual physical
control of a vessel on the waters of the state of Idaho. The fact that any
person charged with a violation of the provisions of this subsection is or has
been entitled to use such drug under the laws of this state shall not
constitute a defense against any charge of a violation of the provisions of
this subsection.
    (7)  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.