2005 Idaho Code - 67-7035 — AGGRAVATED OPERATING WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 70
                            IDAHO SAFE BOATING ACT
    67-7035.  AGGRAVATED OPERATING WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS
OR ANY OTHER INTOXICATING SUBSTANCES. (1) Any person causing great bodily
harm, permanent disability or permanent disfigurement to any person other than
himself in committing a violation of the provisions of section 67-7034, Idaho
Code, is guilty of a felony, and upon conviction:
    (a)  Shall be sentenced to 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 have his privileges to operate a vessel suspended by the court
    for a mandatory minimum period of one (1) year after release from
    imprisonment, and may  have his privileges to operate a vessel suspended
    by the court for not to exceed two (2) years after release from
    imprisonment, during which time he shall have absolutely no privileges of
    any kind to operate a vessel; and
    (d)  Shall, when appropriate, be ordered by the court to pay restitution.
    (2)  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.