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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
552
BY
TRANSPORTATION
AND
DEFENSE
COMMITTEE
AN
ACT
1
RELATING
TO
MOTOR
VEHICLES;
AMENDING
SECTION
49
-
1203,
IDAHO
CODE,
TO
PROVIDE
2
FOR
RECORDS
OF
JUDGMENT
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
3
SECTION
18
-
8002,
IDAHO
CODE,
TO
PROVIDE
FOR
BUSINESS
DAYS,
TO
PROVIDE
4
THAT
CERTAIN
FAILURE
TO
APPEAR
AT
OR
TO
REQUEST
A
HEARING
SHALL
BE
CON
-
5
SIDERED
A
DEFAULT
JUDGMENT,
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
6
SECTION
18
-
8002A,
IDAHO
CODE,
TO
PROVIDE
FOR
BUSINESS
DAYS,
TO
PROVIDE
7
THAT
CERTAIN
FAILURE
TO
APPEAR
AT
OR
TO
REQUEST
A
HEARING
SHALL
BE
CON
-
8
SIDERED
A
DEFAULT
JUDGMENT,
AND
TO
MAKE
A
TECHNICAL
CORRECTION;
AND
9
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
10
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
1
1
SECTION
1.
That
Section
49
-
1203,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
49
-
1203.
COURTS
TO
REPORT
NONPAYMENT
OF
JUDGMENTS
-
-
NONRESI
-
14
DENTS.
(1)
Whenever
any
person
fails
within
sixty
(60)
days
to
satisfy
a
15
judgment,
it
shall
be
the
duty
of
the
clerk
of
the
court,
or
of
the
judge
of
a
16
court,
which
that
has
no
clerk,
in
which
a
judgment
is
rendered
within
this
17
state,
to
forward
to
the
department
immediately
after
the
expiration
of
the
18
sixty
(60)
days,
a
certified
copy
record
of
the
judgment.
19
(2)
If
the
defendant
named
in
any
certified
copy
record
of
a
judgment
20
reported
to
the
department
is
a
nonresident,
the
department
shall
transmit
21
a
certified
copy
record
of
the
judgment
to
the
official
in
charge
of
the
is
-
22
suance
of
drivers'
licenses
of
the
state
of
which
the
defendant
is
a
resident
23
of
.
24
SECTION
2.
That
Section
18
-
8002,
Idaho
Code,
be,
and
the
same
is
hereby
25
amended
to
read
as
follows:
26
18
-
8002.
TESTS
OF
DRIVER
FOR
ALCOHOL
CONCENTRATION,
PRESENCE
OF
DRUGS
27
OR
OTHER
INTOXICATING
SUBSTANCES
-
-
PENALTY
AND
SUSPENSION
UPON
REFUSAL
OF
28
TESTS.
(1)
Any
person
who
drives
or
is
in
actual
physical
control
of
a
motor
29
vehicle
in
this
state
shall
be
deemed
to
have
given
his
consent
to
eviden
-
30
tiary
testing
for
concentration
of
alcohol
as
defined
in
section
18
-
8004,
31
Idaho
Code,
and
to
have
given
his
consent
to
evidentiary
testing
for
the
32
presence
of
drugs
or
other
intoxicating
substances,
provided
that
such
33
testing
is
administered
at
the
request
of
a
peace
officer
having
reasonable
34
grounds
to
believe
that
the
person
has
been
driving
or
was
in
actual
physical
35
control
of
a
motor
vehicle
in
violation
of
the
provisions
of
section
18
-
8004
36
or
18
-
8006,
Idaho
Code.
37
(2)
Such
person
shall
not
have
the
right
to
consult
with
an
attorney
be
-
38
fore
submitting
to
such
evidentiary
testing.
39
2
(3)
At
the
time
evidentiary
testing
for
concentration
of
alcohol
or
for
1
the
presence
of
drugs
or
other
intoxicating
substances
is
requested,
the
2
person
shall
be
informed
that
if
he
refuses
to
submit
to
or
if
he
fails
to
3
complete
evidentiary
testing:
4
(a)
He
is
subject
to
a
civil
penalty
of
two
hundred
fifty
dollars
($250)
5
for
refusing
to
take
the
test;
6
(b)
He
is
subject
to
mandatory
installation
of
a
state
-
approved
igni
-
7
tion
interlock
system,
at
his
expense,
on
all
of
the
motor
vehicles
op
-
8
erated
by
him
for
a
period
to
end
one
(1)
year
following
the
end
of
the
9
suspension
period;
10
(c)
He
has
the
right
to
request
a
hearing
within
seven
(7)
business
days
1
1
to
show
cause
why
he
refused
to
submit
to
or
complete
evidentiary
test
-
12
ing;
13
(d)
If
he
does
not
request
a
hearing
or
does
not
prevail
at
the
hearing,
14
the
court
shall
sustain
the
civil
penalty
and
shall
order
the
required
15
installation
of
a
state
-
approved
ignition
interlock
system
on
all
motor
16
vehicles
operated
by
him
and
his
driver's
license
will
be
suspended
ab
-
17
solutely
for
one
(1)
year
if
this
is
his
first
refusal
and
two
(2)
years
18
if
this
is
his
second
refusal
within
ten
(10)
years;
19
(e)
Provided
however,
if
he
is
admitted
to
a
problem
solving
court
pro
-
20
gram
and
has
served
at
least
forty
-
five
(45)
days
of
an
absolute
sus
-
21
pension
of
driving
privileges,
then
he
may
be
eligible
for
a
restricted
22
permit
for
the
purpose
of
getting
to
and
from
work,
school
or
an
alcohol
23
treatment
program,
but
only
if
a
state
-
approved
ignition
interlock
sys
-
24
tem
has
been
installed,
at
his
expense,
on
all
motor
vehicles
operated
25
by
him;
and
26
(f)
After
submitting
to
evidentiary
testing,
he
may,
when
practicable,
27
at
his
own
expense,
have
additional
tests
made
by
a
person
of
his
own
28
choosing.
29
(4)
If
the
motorist
refuses
to
submit
to
or
complete
evidentiary
test
-
30
ing
after
the
information
has
been
given
in
accordance
with
subsection
(3)
of
31
this
section:
32
(a)
He
shall
be
fined
a
civil
penalty
of
two
hundred
fifty
dollars
33
($250);
34
(b)
The
court
shall
direct
the
installation,
at
his
expense,
of
a
state
-
35
approved
ignition
interlock
system
meeting
the
requirements
set
forth
36
in
section
18
-
8008,
Idaho
Code,
on
all
motor
vehicles
operated
by
him
37
for
a
period
of
one
(1)
year
following
the
end
of
the
suspension
period;
38
(c)
A
written
request
may
be
made
within
seven
(7)
calendar
business
39
days
for
a
hearing
before
the
court;
if
requested,
the
hearing
must
be
40
held
within
thirty
(30)
days
of
the
date
of
service
unless
this
period
41
is,
for
good
cause
shown,
extended
by
the
court
for
one
(1)
additional
42
thirty
(30)
day
period.
The
hearing
shall
be
limited
to
the
question
43
of
why
the
defendant
did
not
submit
to
or
complete
evidentiary
test
-
44
ing,
and
the
burden
of
proof
shall
be
upon
on
the
defendant;
the
court
45
shall
sustain
a
two
hundred
fifty
dollar
($250)
civil
penalty
immedi
-
46
ately,
suspend
all
the
defendant's
driving
privileges
immediately
for
47
one
(1)
year
for
a
first
refusal
and
two
(2)
years
for
a
second
refusal
48
within
ten
(10)
years
and
direct
the
installation,
at
his
expense,
of
a
49
state
-
approved
ignition
interlock
system
meeting
the
requirements
set
50
3
forth
in
section
18
-
8008,
Idaho
Code,
on
all
motor
vehicles
operated
by
1
him
for
a
period
to
end
one
(1)
year
following
the
end
of
the
suspension
2
period,
unless
it
finds
that
the
peace
officer
did
not
have
legal
cause
3
to
stop
and
request
him
to
take
the
test
or
that
the
request
violated
his
4
civil
rights
.
Failure
to
appear
at
a
requested
hearing
shall
be
consid
-
5
ered
a
default
judgment
against
the
defendant
;
6
(d)
If
a
hearing
is
not
requested
by
written
notice
to
the
court
con
-
7
cerned
within
seven
(7)
calendar
business
days,
upon
receipt
of
a
sworn
8
statement
by
the
peace
officer
of
the
circumstances
of
the
refusal,
the
9
court
shall
sustain
a
two
hundred
fifty
dollar
($250)
civil
penalty,
10
suspend
the
defendant's
driving
privileges
for
one
(1)
year
for
a
first
1
1
refusal
and
two
(2)
years
for
a
second
refusal
within
ten
(10)
years,
12
during
which
time
he
shall
have
absolutely
no
driving
privileges
of
13
any
kind,
and
direct
the
installation
of
a
state
-
approved
ignition
in
-
14
terlock
system,
at
his
expense,
meeting
the
requirements
set
forth
in
15
section
18
-
8008,
Idaho
Code,
on
all
motor
vehicles
operated
by
him
for
16
a
period
to
end
one
(1)
year
following
the
end
of
the
suspension
period
.
17
Failure
to
request
a
hearing
shall
be
considered
a
default
judgment
18
against
the
defendant
;
19
(e)
Notwithstanding
the
provisions
of
paragraphs
(c)
and
(d)
of
this
20
subsection,
if
the
defendant
is
enrolled
in
and
is
a
participant
in
good
21
standing
in
a
drug
court
or
mental
health
court
approved
by
the
supreme
22
court
drug
court
and
mental
health
court
coordinating
committee
under
23
the
provisions
of
chapter
56,
title
19,
Idaho
Code,
or
other
similar
24
problem
solving
court
utilizing
community
-
based
sentencing
alterna
-
25
tives,
then
the
defendant
shall
be
eligible
for
restricted
noncommer
-
26
cial
driving
privileges
for
the
purpose
of
getting
to
and
from
work,
27
school
or
an
alcohol
treatment
program,
which
may
be
granted
by
the
pre
-
28
siding
judge
of
the
drug
court
or
mental
health
court
or
other
similar
29
problem
solving
court,
provided
that
the
defendant
has
served
a
period
30
of
absolute
suspension
of
driving
privileges
of
at
least
forty
-
five
31
(45)
days,
that
a
state
-
approved
ignition
interlock
system
meeting
the
32
requirements
set
forth
in
section
18
-
8008,
Idaho
Code,
is
installed,
33
at
his
expense,
on
all
motor
vehicles
operated
by
him
for
a
period
to
34
end
one
(1)
year
following
the
end
of
the
suspension
period
and
that
the
35
defendant
has
shown
proof
of
financial
responsibility
as
defined
and
36
in
the
amounts
specified
in
section
49
-
117,
Idaho
Code,
provided
that
37
the
restricted
noncommercial
driving
privileges
and
the
requirement
38
of
a
state
-
approved
ignition
interlock
system
may
be
continued
if
the
39
defendant
successfully
completes
the
drug
court,
mental
health
court
or
40
other
similar
problem
solving
court,
and
that
the
court
may
revoke
such
41
privileges
for
failure
to
comply
with
the
terms
of
probation
or
with
the
42
terms
and
conditions
of
the
drug
court,
mental
health
court
or
other
43
similar
problem
solving
court
program;
and
44
(f)
After
submitting
to
evidentiary
testing
at
the
request
of
the
peace
45
officer,
he
may,
when
practicable,
at
his
own
expense,
have
additional
46
tests
made
by
a
person
of
his
own
choosing.
The
failure
or
inability
to
47
obtain
an
additional
test
or
tests
by
a
person
shall
not
preclude
the
ad
-
48
mission
of
results
of
evidentiary
testing
for
alcohol
concentration
or
49
for
the
presence
of
drugs
or
other
intoxicating
substances
taken
at
the
50
4
direction
of
the
peace
officer
unless
the
additional
test
was
denied
by
1
the
peace
officer.
2
(5)
Any
sustained
sanction
under
this
section
or
section
18
-
8002A,
3
Idaho
Code,
shall
be
a
sanction
separate
and
apart
from
any
other
sanction
4
imposed
for
a
violation
of
other
Idaho
motor
vehicle
codes
or
for
a
con
-
5
viction
of
an
offense
pursuant
to
this
chapter
and
may
be
appealed
to
the
6
district
court.
7
(6)
No
hospital,
hospital
officer,
agent,
or
employee,
or
health
care
8
professional
licensed
by
the
state
of
Idaho,
whether
or
not
such
person
has
9
privileges
to
practice
in
the
hospital
in
which
a
body
fluid
sample
is
ob
-
10
tained
or
an
evidentiary
test
is
made,
shall
incur
any
civil
or
criminal
li
-
1
1
ability
for
any
act
arising
out
of
administering
an
evidentiary
test
for
al
-
12
cohol
concentration
or
for
the
presence
of
drugs
or
other
intoxicating
sub
-
13
stances
at
the
request
or
order
of
a
peace
officer
in
the
manner
described
in
14
this
section
and
section
18
-
8002A,
Idaho
Code;
provided
that
nothing
in
this
15
section
shall
relieve
any
such
person
or
legal
entity
from
civil
liability
16
arising
from
the
failure
to
exercise
the
community
standard
of
care.
17
(a)
This
immunity
extends
to
any
person
who
assists
any
individual
to
18
withdraw
a
blood
sample
for
evidentiary
testing
at
the
request
or
order
19
of
a
peace
officer,
which
individual
is
authorized
to
withdraw
a
blood
20
sample
under
the
provisions
of
section
18
-
8003,
Idaho
Code,
regardless
21
of
the
location
where
the
blood
sample
is
actually
withdrawn.
22
(b)
A
peace
officer
is
empowered
to
order
an
individual
authorized
in
23
section
18
-
8003,
Idaho
Code,
to
withdraw
a
blood
sample
for
evidentiary
24
testing
when
the
peace
officer
has
probable
cause
to
believe
that
the
25
suspect
has
committed
any
of
the
following
offenses:
26
(i)
Aggravated
driving
under
the
influence
of
alcohol,
drugs
or
27
other
intoxicating
substances
as
provided
in
section
18
-
8006,
28
Idaho
Code;
29
(ii)
Vehicular
manslaughter
as
provided
in
subsection
(3)(a),
(b)
30
and
(c)
of
section
18
-
4006,
Idaho
Code;
31
(iii)
Aggravated
operating
of
a
vessel
on
the
waters
of
the
state
32
while
under
the
influence
of
alcohol,
drugs
or
other
intoxicating
33
substances
as
provided
in
section
67
-
7035,
Idaho
Code;
or
34
(iv)
Any
criminal
homicide
involving
a
vessel
on
the
waters
of
the
35
state
while
under
the
influence
of
alcohol,
drugs
or
other
intoxi
-
36
cating
substances.
37
(c)
Nothing
herein
shall
limit
the
discretion
of
the
hospital
admin
-
38
istration
to
designate
the
qualified
hospital
employee
responsible
to
39
withdraw
the
blood
sample.
40
(d)
The
law
enforcement
agency
that
requests
or
orders
withdrawal
of
41
the
blood
sample
shall
pay
the
reasonable
costs
to
withdraw
such
blood
42
sample,
perform
laboratory
analysis,
preserve
evidentiary
test
re
-
43
sults,
and
testify
in
judicial
proceedings.
The
court
may
order
resti
-
44
tution
pursuant
to
the
provisions
of
section
18
-
8003(2),
Idaho
Code.
45
(e)
The
withdrawal
of
the
blood
sample
may
be
delayed
or
terminated
if:
46
(i)
In
the
reasonable
judgment
of
the
hospital
personnel,
with
-
47
drawal
of
the
blood
sample
may
result
in
serious
bodily
injury
to
48
hospital
personnel
or
other
patients;
or
49
5
(ii)
The
licensed
health
care
professional
treating
the
suspect
1
believes
the
withdrawal
of
the
blood
sample
is
contraindicated
be
-
2
cause
of
the
medical
condition
of
the
suspect
or
other
patients.
3
(7)
"Actual
physical
control"
as
used
in
this
section
and
section
4
18
-
8002A,
Idaho
Code,
shall
be
defined
as
being
in
the
driver's
position
of
5
the
motor
vehicle
with
the
motor
running
or
with
the
motor
vehicle
moving.
6
(8)
Any
written
notice
required
by
this
section
shall
be
effective
upon
7
mailing.
8
(9)
For
the
purposes
of
this
section
and
section
18
-
8002A,
Idaho
Code,
9
"evidentiary
testing"
shall
mean
means
a
procedure
or
test
or
series
of
pro
-
10
cedures
or
tests,
including
the
additional
test
authorized
in
subsection
1
1
(10)
of
this
section,
utilized
to
determine
the
concentration
of
alcohol
or
12
the
presence
of
drugs
or
other
intoxicating
substances
in
a
person.
13
(10)
A
person
who
submits
to
a
breath
test
for
alcohol
concentration,
14
as
defined
in
subsection
(4)
of
section
18
-
8004,
Idaho
Code,
may
also
be
re
-
15
quested
to
submit
to
a
second
evidentiary
test
of
blood
or
urine
for
the
pur
-
16
pose
of
determining
the
presence
of
drugs
or
other
intoxicating
substances
17
if
the
peace
officer
has
reasonable
cause
to
believe
that
a
person
was
driv
-
18
ing
under
the
influence
of
any
drug
or
intoxicating
substance
or
the
combined
19
influence
of
alcohol
and
any
drug
or
intoxicating
substance.
The
peace
of
-
20
ficer
shall
state
in
his
or
her
report
the
facts
upon
on
which
that
belief
is
21
based.
22
(11)
Notwithstanding
any
other
provision
of
law
to
the
contrary,
the
23
civil
penalty
imposed
under
pursuant
to
the
provisions
of
this
section
must
24
be
paid,
as
ordered
by
the
court,
to
the
county
justice
fund
or
the
county
25
current
expense
fund
where
the
incident
occurred.
If
a
person
does
not
pay
26
the
civil
penalty
imposed
as
provided
in
this
section
within
thirty
(30)
days
27
of
the
imposition,
unless
this
period
has
been
extended
by
the
court
for
good
28
cause
shown,
the
prosecuting
attorney
representing
the
political
subdivi
-
29
sion
where
the
incident
occurred
may
petition
the
court
in
the
jurisdiction
30
where
the
incident
occurred
to
file
the
order
imposing
the
civil
penalty
as
31
an
order
of
the
court.
Once
entered,
the
order
may
be
enforced
in
the
same
32
manner
as
a
final
judgment
of
the
court.
In
addition
to
the
civil
penalty,
33
attorney's
fees,
costs
and
interest
may
be
assessed
against
any
person
who
34
fails
to
pay
the
civil
penalty.
35
(12)
Upon
petition
of
the
person
required
to
install
an
ignition
in
-
36
terlock
device
pursuant
to
subsection
(4)(b)
of
this
section,
section
37
18
-
8002A(4),
18
-
8005(1)(e),
or
18
-
8008,
Idaho
Code,
a
court
in
its
dis
-
38
cretion
may
relieve
the
person
from
the
installation
of
the
device
where
39
the
court
finds
it
clear
and
convincing
that
the
person
will
not
present
a
40
danger
to
the
public
or
that
there
are
exceptional
or
mitigating
circum
-
41
stances
demonstrating
that
installation
of
the
device
is
unnecessary
or
42
unwarranted.
Financial
hardship,
standing
alone,
is
not
an
exceptional
or
43
mitigating
circumstance.
If
no
civil
or
criminal
case
is
pending
related
44
to
the
order
to
install
the
ignition
interlock
device,
a
person
may
file
a
45
petition
for
relief
in
magistrate
court
under
this
section
in
his
county
46
of
residence
,
or,
if
such
person
has
no
county
of
residence
in
Idaho,
in
47
Ada
county,
if
such
petition
is
filed
within
thirty
(30)
days
of
the
order
48
requiring
the
installation
of
the
interlock
device.
While
any
petition
for
49
judicial
review
in
district
court
or
motion
or
petition
before
a
magistrate
50
6
court
is
pending,
the
ignition
interlock
device
requirement
shall
be
stayed.
1
The
Idaho
transportation
department
shall
not
be
a
party
to
any
petition
for
2
interlock
relief
filed
before
a
court.
An
order
for
relief
from
the
instal
-
3
lation
of
the
ignition
interlock
device
from
any
court
shall
apply
to
all
4
statutory
ignition
interlock
requirements.
5
(13)
A
court
may
determine
that
an
offender
is
eligible
to
utilize
6
available
funds
from
the
court
interlock
device
and
electronic
monitoring
7
device
fund,
as
outlined
in
section
18
-
8010,
Idaho
Code,
for
the
instal
-
8
lation
and
operation
of
an
ignition
interlock
device,
based
on
evidence
of
9
financial
hardship.
10
(14)
As
used
in
this
section,
"at
his
expense"
includes
the
cost
of
ob
-
1
1
taining,
installing,
using
and
maintaining
an
ignition
interlock
system.
12
SECTION
3.
That
Section
18
-
8002A,
Idaho
Code,
be,
and
the
same
is
hereby
13
amended
to
read
as
follows:
14
18
-
8002A.
TESTS
OF
DRIVER
FOR
ALCOHOL
CONCENTRATION,
PRESENCE
OF
15
DRUGS
OR
OTHER
INTOXICATING
SUBSTANCES
-
-
SUSPENSION
UPON
FAILURE
OF
16
TESTS.
(1)
Definitions.
As
used
in
this
section:
17
(a)
"Actual
physical
control"
means
being
in
the
driver's
position
of
a
18
motor
vehicle
with
the
motor
running
or
with
the
vehicle
moving.
19
(b)
"Administrative
hearing"
means
a
hearing
conducted
by
a
hearing
20
officer
to
determine
whether
a
suspension
imposed
by
the
provisions
of
21
this
section
should
be
vacated
or
sustained.
22
(c)
"Department"
means
the
Idaho
transportation
department
and,
as
the
23
context
requires,
shall
be
construed
to
include
any
agent
of
the
depart
-
24
ment
designated
by
rule
as
hereinafter
provided.
25
(d)
"Director"
means
the
director
of
the
Idaho
transportation
depart
-
26
ment.
27
(e)
"Evidentiary
testing"
means
a
procedure
or
test
or
series
of
proce
-
28
dures
or
tests
utilized
to
determine
the
concentration
of
alcohol
or
the
29
presence
of
drugs
or
other
intoxicating
substances
in
a
person,
includ
-
30
ing
additional
testing
authorized
by
subsection
(6)
of
this
section.
An
31
evidentiary
test
for
alcohol
concentration
shall
be
based
on
a
formula
32
of
grams
of
alcohol
per
one
hundred
(100)
cubic
centimeters
of
blood,
33
per
two
hundred
ten
(210)
liters
of
breath,
or
per
sixty
-
seven
(67)
mil
-
34
liliters
of
urine.
Analysis
of
blood,
breath
or
urine
for
the
purpose
35
of
determining
alcohol
concentration
shall
be
performed
by
a
laboratory
36
operated
by
the
Idaho
state
police
or
by
a
laboratory
approved
by
the
37
Idaho
state
police
under
the
provisions
of
approval
and
certification
38
standards
to
be
set
by
the
Idaho
state
police,
or
by
any
other
method
ap
-
39
proved
by
the
Idaho
state
police.
Notwithstanding
any
other
provision
40
of
law
or
rule
of
court,
the
results
of
any
test
for
alcohol
concentra
-
41
tion
and
records
relating
to
calibration,
approval,
certification
or
42
quality
control
performed
by
a
laboratory
operated
and
approved
by
the
43
Idaho
state
police
or
by
any
other
method
approved
by
the
Idaho
state
po
-
44
lice
shall
be
admissible
in
any
proceeding
in
this
state
without
the
ne
-
45
cessity
of
producing
a
witness
to
establish
the
reliability
of
the
test
-
46
ing
procedure
for
examination.
47
(f)
"Hearing
officer"
means
a
person
designated
by
the
department
to
48
conduct
administrative
hearings.
The
hearing
officer
shall
have
au
-
49
7
thority
to
administer
oaths,
examine
witnesses
and
take
testimony,
1
receive
relevant
evidence,
issue
subpoenas,
regulate
the
course
and
2
conduct
of
the
hearing
and
make
a
final
ruling
on
the
issues
before
him.
3
(g)
"Hearing
request"
means
a
request
for
an
administrative
hearing
on
4
the
suspension
imposed
by
the
provisions
of
this
section.
5
(2)
Information
to
be
given.
At
the
time
of
evidentiary
testing
for
6
concentration
of
alcohol
or
for
the
presence
of
drugs
or
other
intoxicating
7
substances
is
requested,
the
person
shall
be
informed
that
if
the
person
re
-
8
fuses
to
submit
to
or
fails
to
complete
evidentiary
testing,
or
if
the
per
-
9
son
submits
to
and
completes
evidentiary
testing
and
the
test
results
indi
-
10
cate
an
alcohol
concentration
or
the
presence
of
drugs
or
other
intoxicating
1
1
substances
in
violation
of
section
18
-
8004,
18
-
8004C
or
18
-
8006,
Idaho
Code,
12
the
person
shall
be
informed
substantially
as
follows
(but
need
not
be
in
-
13
formed
verbatim):
14
If
you
refuse
to
submit
to
or
if
you
fail
to
complete
and
pass
eviden
-
15
tiary
testing
for
alcohol
or
other
intoxicating
substances:
16
(a)
The
peace
officer
will
issue
a
notice
of
suspension
and
you
will
be
17
required
to
install,
at
your
expense,
a
state
-
approved
ignition
inter
-
18
lock
system
on
all
motor
vehicles
you
operate
for
a
period
to
end
one
(1)
19
year
following
the
end
of
the
suspension
period;
20
(b)
You
have
the
right
to
request
a
hearing
within
seven
(7)
business
21
days
of
the
notice
of
suspension
of
your
driver's
license
to
show
cause
22
why
you
refused
to
submit
to
or
to
complete
and
pass
evidentiary
testing
23
and
why
your
driver's
license
should
not
be
suspended;
24
(c)
If
you
refused
or
failed
to
complete
evidentiary
testing
and
do
not
25
request
a
hearing
before
the
court
or
do
not
prevail
at
the
hearing,
your
26
driver's
license
will
be
suspended
and
you
will
be
required
to
install,
27
at
your
expense,
a
state
-
approved
ignition
interlock
system
on
all
mo
-
28
tor
vehicles
you
operate
for
a
period
to
end
one
(1)
year
following
the
29
end
of
the
suspension
period.
The
suspension
will
be
for
one
(1)
year
if
30
this
is
your
first
refusal.
The
suspension
will
be
for
two
(2)
years
if
31
this
is
your
second
refusal
within
ten
(10)
years.
You
will
not
be
able
32
to
obtain
a
temporary
restricted
license
during
that
period;
33
(d)
If
you
complete
evidentiary
testing
and
fail
the
testing
and
do
not
34
request
a
hearing
before
the
department
or
do
not
prevail
at
the
hear
-
35
ing,
your
driver's
license
will
be
suspended
and
you
will
be
required
to
36
install,
at
your
expense,
a
state
-
approved
ignition
interlock
system
on
37
all
motor
vehicles
you
operate
for
a
period
to
end
one
(1)
year
following
38
the
end
of
the
suspension
period.
This
suspension
will
be
for
ninety
39
(90)
days
if
this
is
your
first
failure
of
evidentiary
testing,
but
you
40
may
request
restricted
noncommercial
vehicle
driving
privileges
after
41
the
first
thirty
(30)
days.
The
suspension
will
be
for
one
(1)
year
42
if
this
is
your
second
failure
of
evidentiary
testing
within
five
(5)
43
years.
You
will
not
be
able
to
obtain
a
temporary
restricted
license
44
during
that
period;
45
(e)
However,
if
you
are
admitted
to
a
problem
solving
court
program
and
46
have
served
at
least
forty
-
five
(45)
days
of
an
absolute
suspension
of
47
driving
privileges,
you
may
be
eligible
for
a
restricted
permit
for
the
48
purpose
of
getting
to
and
from
work,
school
or
an
alcohol
treatment
pro
-
49
8
gram,
but
only
if
you
install,
at
your
expense,
a
state
-
approved
igni
-
1
tion
interlock
system
on
all
motor
vehicles
you
operate;
2
(f)
However,
if
you
are
admitted
to
a
diversion
program
under
section
3
19
-
3509,
Idaho
Code,
you
may
be
eligible
for
a
restricted
permit
for
the
4
purpose
of
getting
to
and
from
work,
school,
medical
appointments,
or
5
a
treatment
program,
but
only
if
you
install,
at
your
expense,
a
state
-
6
approved
ignition
interlock
system
on
all
motor
vehicles
you
operate;
7
and
8
(g)
After
submitting
to
evidentiary
testing,
you
may,
when
practica
-
9
ble,
at
your
own
expense,
have
additional
tests
made
by
a
person
of
your
10
own
choosing.
1
1
(3)
Rulemaking
authority
of
the
Idaho
state
police.
The
Idaho
state
po
-
12
lice
may,
pursuant
to
chapter
52,
title
67,
Idaho
Code,
prescribe
by
rule:
13
(a)
What
testing
is
required
to
complete
evidentiary
testing
under
this
14
section;
and
15
(b)
What
calibration
or
checking
of
testing
equipment
must
be
performed
16
to
comply
with
the
department's
requirements.
Any
rules
of
the
Idaho
17
state
police
shall
be
in
accordance
with
the
following:
a
test
for
alco
-
18
hol
concentration
in
breath
as
defined
in
section
18
-
8004,
Idaho
Code,
19
and
subsection
(1)(e)
of
this
section
will
be
valid
for
the
purposes
of
20
this
section
if
the
breath
alcohol
testing
instrument
was
approved
for
21
testing
by
the
Idaho
state
police
in
accordance
with
section
18
-
8004,
22
Idaho
Code,
at
any
time
within
ninety
(90)
days
before
the
evidentiary
23
testing.
A
test
for
alcohol
concentration
in
blood
or
urine
as
defined
24
in
section
18
-
8004,
Idaho
Code,
that
is
reported
by
the
Idaho
state
po
-
25
lice
or
by
any
laboratory
approved
by
the
Idaho
state
police
to
perform
26
this
test
will
be
valid
for
the
purposes
of
this
section.
27
(4)
Suspension
and
ignition
interlock
system.
28
(a)
Upon
receipt
of
the
sworn
statement
of
a
peace
officer
that
there
29
existed
legal
cause
to
believe
a
person
had
been
driving
or
was
in
actual
30
physical
control
of
a
motor
vehicle
while
under
the
influence
of
alco
-
31
hol,
drugs
or
other
intoxicating
substances
and
that
the
person
submit
-
32
ted
to
a
test
and
the
test
results
indicated
an
alcohol
concentration
or
33
the
presence
of
drugs
or
other
intoxicating
substances
in
violation
of
34
section
18
-
8004,
18
-
8004C
or
18
-
8006,
Idaho
Code,
the
department
shall
35
suspend
the
person's
driver's
license,
driver's
permit,
driving
privi
-
36
leges
or
nonresident
driving
privileges:
37
(i)
For
a
period
of
ninety
(90)
days
for
a
first
failure
of
ev
-
38
identiary
testing
under
the
provisions
of
this
section.
The
39
first
thirty
(30)
days
of
the
suspension
shall
be
absolute
and
the
40
person
shall
have
absolutely
no
driving
privileges
of
any
kind.
41
Restricted
noncommercial
vehicle
driving
privileges
applicable
42
during
the
remaining
sixty
(60)
days
of
the
suspension
may
be
re
-
43
quested
as
provided
in
subsection
(9)
of
this
section.
44
(ii)
For
a
period
of
one
(1)
year
for
a
second
and
any
subsequent
45
failure
of
evidentiary
testing
under
the
provisions
of
this
sec
-
46
tion
within
the
immediately
preceding
five
(5)
years.
No
driving
47
privileges
of
any
kind
shall
be
granted
during
the
suspension
im
-
48
posed
pursuant
to
this
subparagraph.
49
9
The
department
shall
also
direct
the
installation,
at
the
offender's
1
expense,
of
a
state
-
approved
ignition
interlock
system
meeting
the
re
-
2
quirements
of
section
18
-
8008,
Idaho
Code,
on
all
motor
vehicles
oper
-
3
ated
by
the
offender
for
a
period
to
end
one
(1)
year
following
the
end
of
4
the
suspension
period.
5
The
person
may
request
an
administrative
hearing
on
the
suspension
as
6
provided
in
subsection
(7)
of
this
section.
Any
right
to
contest
the
7
suspension
shall
be
waived
if
a
hearing
is
not
requested
as
therein
pro
-
8
vided.
9
(b)
The
suspension
shall
become
effective
thirty
(30)
days
after
ser
-
10
vice
upon
the
person
of
the
notice
of
suspension
and
notice
of
the
re
-
1
1
quirement
to
install,
at
his
expense,
a
state
-
approved
ignition
inter
-
12
lock
system
for
a
period
to
end
one
(1)
year
following
the
end
of
the
sus
-
13
pension
period.
The
notice
shall
be
in
a
form
provided
by
the
department
14
and
shall
state:
15
(i)
The
reason
and
statutory
grounds
for
the
suspension
and
the
16
requirement
to
install
the
ignition
interlock
system;
17
(ii)
The
effective
date
of
the
suspension
and
the
requirement
to
18
install
the
ignition
interlock
system;
19
(iii)
The
suspension
periods
to
which
the
person
may
be
subject
as
20
provided
in
paragraph
(a)
of
this
subsection;
21
(iv)
The
procedures
for
obtaining
restricted
noncommercial
vehi
-
22
cle
driving
privileges;
23
(v)
The
rights
of
the
person
to
request
an
administrative
hear
-
24
ing
on
the
suspension
and
that,
if
an
administrative
hearing
is
not
25
requested
within
seven
(7)
business
days
of
service
of
the
notice
26
of
suspension
and
notice
of
the
requirement
to
install
the
igni
-
27
tion
interlock
system,
the
right
to
contest
the
suspension
shall
28
be
waived;
29
(vi)
The
procedures
for
obtaining
an
administrative
hearing
on
30
the
suspension;
31
(vii)
The
right
to
judicial
review
of
the
hearing
officer's
deci
-
32
sion
on
the
suspension
and
the
procedures
for
seeking
such
review.
33
(c)
Notwithstanding
the
provisions
of
paragraph
(a)(i)
and
(ii)
of
34
this
subsection,
a
person
who
is
enrolled
in
and
is
a
participant
in
35
good
standing
in
a
drug
court
or
mental
health
court
approved
by
the
36
supreme
court
drug
court
and
mental
health
court
coordinating
commit
-
37
tee
under
the
provisions
of
chapter
56,
title
19,
Idaho
Code,
or
other
38
similar
problem
solving
court
utilizing
community
-
based
sentencing
39
alternatives
shall
be
eligible
for
restricted
noncommercial
driving
40
privileges
for
the
purpose
of
getting
to
and
from
work,
school
or
an
al
-
41
cohol
treatment
program,
which
may
be
granted
by
the
presiding
judge
of
42
the
drug
court
or
mental
health
court
or
other
similar
problem
solving
43
court,
provided
that
the
offender
has
served
a
period
of
absolute
sus
-
44
pension
of
driving
privileges
of
at
least
forty
-
five
(45)
days,
that
a
45
state
-
approved
ignition
interlock
system
is
installed,
at
his
expense,
46
on
all
motor
vehicles
operated
by
him
for
a
period
to
end
one
(1)
year
47
following
the
end
of
the
suspension
period
and
that
the
offender
has
48
shown
proof
of
financial
responsibility
as
defined
and
in
the
amounts
49
specified
in
section
49
-
117,
Idaho
Code,
provided
that
the
restricted
50
10
noncommercial
driving
privileges
may
be
continued
if
the
offender
1
successfully
completes
the
drug
court,
mental
health
court
or
other
2
similar
problem
solving
court,
and
that
the
court
may
revoke
such
privi
-
3
leges
for
failure
to
comply
with
the
terms
of
probation
or
with
the
terms
4
and
conditions
of
the
drug
court,
mental
health
court
or
other
similar
5
problem
solving
court
program.
6
(5)
Service
of
suspension
and
ignition
interlock
system
by
peace
of
-
7
ficer
or
the
department.
If
the
driver
submits
to
evidentiary
testing
af
-
8
ter
the
information
in
subsection
(2)
of
this
section
has
been
provided
and
9
the
results
of
the
test
indicate
an
alcohol
concentration
or
the
presence
10
of
drugs
or
other
intoxicating
substances
in
violation
of
the
provisions
of
1
1
section
18
-
8004,
18
-
8004C
or
18
-
8006,
Idaho
Code:
12
(a)
The
peace
officer
shall,
acting
on
behalf
of
the
department,
serve
13
the
person
with
a
notice
of
suspension
and
notice
of
the
requirement
to
14
install,
at
his
expense,
a
state
-
approved
ignition
interlock
system
for
15
a
period
to
end
one
(1)
year
following
the
end
of
the
suspension
period
16
in
the
form
and
containing
the
information
required
under
subsection
17
(4)
of
this
section.
The
department
may
serve
the
person
with
a
notice
18
of
suspension
and
the
requirement
to
install
the
ignition
interlock
19
system
if
the
peace
officer
failed
to
do
so
or
failed
to
include
the
date
20
of
service
as
provided
in
subsection
(4)(b)
of
this
section.
21
(b)
Within
five
(5)
business
days
following
service
of
a
notice
of
sus
-
22
pension
and
notice
of
the
requirement
to
install
the
ignition
interlock
23
system,
the
peace
officer
shall
forward
to
the
department
a
copy
of
the
24
completed
notice
of
suspension
and
notice
of
the
requirement
to
install
25
the
ignition
interlock
system
form
upon
which
the
date
of
service
upon
26
the
driver
shall
be
clearly
indicated,
a
certified
copy
or
duplicate
27
original
of
the
results
of
all
tests
for
alcohol
concentration,
as
shown
28
by
analysis
of
breath
administered
at
the
direction
of
the
peace
offi
-
29
cer,
and
a
sworn
statement
of
the
officer,
which
may
incorporate
any
30
arrest
or
incident
reports
relevant
to
the
arrest
and
evidentiary
test
-
31
ing
setting
forth:
32
(i)
The
identity
of
the
person;
33
(ii)
Stating
the
officer's
legal
cause
to
stop
the
person;
34
(iii)
Stating
the
officer's
legal
cause
to
believe
that
the
per
-
35
son
had
been
driving
or
was
in
actual
physical
control
of
a
motor
36
vehicle
while
under
the
influence
of
alcohol,
drugs
or
other
in
-
37
toxicating
substances
in
violation
of
the
provisions
of
section
38
18
-
8004,
18
-
8004C
or
18
-
8006,
Idaho
Code;
39
(iv)
That
the
person
was
advised
of
the
consequences
of
taking
and
40
failing
the
evidentiary
test
as
provided
in
subsection
(2)
of
this
41
section;
42
(v)
That
the
person
was
lawfully
arrested;
43
(vi)
That
the
person
was
tested
for
alcohol
concentration,
drugs
44
or
other
intoxicating
substances
as
provided
in
this
chapter,
and
45
that
the
results
of
the
test
indicated
an
alcohol
concentration
or
46
the
presence
of
drugs
or
other
intoxicating
substances
in
viola
-
47
tion
of
the
provisions
of
section
18
-
8004,
18
-
8004C
or
18
-
8006,
48
Idaho
Code.
49
11
If
an
evidentiary
test
of
blood
or
urine
was
administered
rather
than
1
a
breath
test,
the
peace
officer
or
the
department
shall
serve
the
no
-
2
tice
of
suspension
once
the
results
are
received.
The
sworn
statement
3
required
in
this
subsection
shall
be
made
on
forms
in
accordance
with
4
rules
adopted
by
the
department.
5
(c)
The
department
may
serve
the
person
with
a
notice
of
suspension
if
6
the
peace
officer
failed
to
issue
the
notice
of
suspension
or
failed
to
7
include
the
date
of
service
as
provided
in
subsection
(4)(b)
of
this
8
section.
9
(6)
Additional
tests.
After
submitting
to
evidentiary
testing
at
the
10
request
of
the
peace
officer,
the
person
may,
when
practicable,
at
his
own
1
1
expense,
have
additional
tests
for
alcohol
concentration
or
for
the
presence
12
of
drugs
or
other
intoxicating
substances
made
by
a
person
of
his
own
choos
-
13
ing.
The
person's
failure
or
inability
to
obtain
additional
tests
shall
not
14
preclude
admission
of
the
results
of
evidentiary
tests
administered
at
the
15
direction
of
the
peace
officer
unless
additional
testing
was
denied
by
the
16
peace
officer.
17
(7)
Administrative
hearing
on
suspension.
A
person
who
has
been
served
18
with
a
notice
of
suspension
and
notice
of
the
requirement
to
install
the
ig
-
19
nition
interlock
system
after
submitting
to
an
evidentiary
test
may
request
20
an
administrative
hearing
on
the
suspension
before
a
hearing
officer
desig
-
21
nated
by
the
department.
The
hearing
may
be
held
only
on
the
suspension
and
22
not
on
the
requirement
to
install
an
ignition
interlock
system.
The
request
23
for
hearing
shall
be
in
writing
and
must
be
received
by
the
department
within
24
seven
(7)
calendar
business
days
of
the
date
of
service
upon
the
person
of
25
the
notice
of
suspension
and
notice
of
the
requirement
to
install
the
igni
-
26
tion
interlock
system
and
shall
include
what
issue
or
issues
shall
be
raised
27
at
the
hearing.
The
date
on
which
the
hearing
request
was
received
shall
be
28
noted
on
the
face
of
the
request.
Failure
to
request
a
hearing
or
appear
at
a
29
requested
hearing
shall
be
considered
a
default
judgment
against
the
defen
-
30
dant.
31
If
a
hearing
is
requested,
the
hearing
shall
be
held
within
twenty
(20)
32
days
of
the
date
the
hearing
request
was
received
by
the
department
unless
33
this
period
is,
for
good
cause
shown,
extended
by
the
hearing
officer
for
a
34
ten
(10)
day
period.
Such
extension
shall
not
operate
as
a
stay
of
the
sus
-
35
pension,
notwithstanding
an
extension
of
the
hearing
date
beyond
such
thirty
36
(30)
day
period.
Written
notice
of
the
date
and
time
of
the
hearing
shall
37
be
sent
to
the
party
requesting
the
hearing
at
least
seven
(7)
business
days
38
prior
to
the
scheduled
hearing
date.
The
department
may
conduct
all
hearings
39
by
telephone
if
each
participant
in
the
hearing
has
an
opportunity
to
partic
-
40
ipate
in
the
entire
proceeding
while
it
is
taking
place.
41
The
hearing
shall
be
recorded.
The
sworn
statement
of
the
arresting
of
-
42
ficer
and
the
copy
of
the
notice
of
suspension
and
the
notice
of
the
require
-
43
ment
to
install
the
ignition
interlock
system
issued
by
the
officer
shall
44
be
admissible
at
the
hearing
without
further
evidentiary
foundation.
The
45
results
of
any
tests
for
alcohol
concentration
or
the
presence
of
drugs
or
46
other
intoxicating
substances
by
analysis
of
blood,
urine
or
breath
adminis
-
47
tered
at
the
direction
of
the
peace
officer
and
the
records
relating
to
cal
-
48
ibration,
certification,
approval
or
quality
control
pertaining
to
equip
-
49
ment
utilized
to
perform
the
tests
shall
be
admissible
as
provided
in
section
50
12
18
-
8004(4),
Idaho
Code.
The
arresting
officer
shall
not
be
required
to
par
-
1
ticipate
unless
directed
to
do
so
by
a
subpoena
issued
by
the
hearing
offi
-
2
cer.
3
The
burden
of
proof
shall
be
on
the
person
requesting
the
hearing.
The
4
hearing
officer
shall
not
vacate
the
suspension
unless
he
finds,
by
a
prepon
-
5
derance
of
the
evidence,
that:
6
(a)
The
peace
officer
did
not
have
legal
cause
to
stop
the
person;
or
7
(b)
The
officer
did
not
have
legal
cause
to
believe
the
person
had
been
8
driving
or
was
in
actual
physical
control
of
a
vehicle
while
under
the
9
influence
of
alcohol,
drugs
or
other
intoxicating
substances
in
viola
-
10
tion
of
the
provisions
of
section
18
-
8004,
18
-
8004C
or
18
-
8006,
Idaho
1
1
Code;
or
12
(c)
The
test
results
did
not
show
an
alcohol
concentration
or
the
pres
-
13
ence
of
drugs
or
other
intoxicating
substances
in
violation
of
section
14
18
-
8004,
18
-
8004C
or
18
-
8006,
Idaho
Code;
or
15
(d)
The
tests
for
alcohol
concentration,
drugs
or
other
intoxicating
16
substances
administered
at
the
direction
of
the
peace
officer
were
not
17
conducted
in
accordance
with
the
requirements
of
section
18
-
8004(4),
18
Idaho
Code,
or
the
testing
equipment
was
not
functioning
properly
when
19
the
test
was
administered;
or
20
(e)
The
person
was
not
informed
of
the
consequences
of
submitting
to
ev
-
21
identiary
testing
as
required
in
subsection
(2)
of
this
section.
22
If
the
hearing
officer
finds
that
the
person
has
not
met
his
burden
of
proof,
23
he
shall
sustain
the
suspension.
The
hearing
officer
shall
make
findings
of
24
fact
and
conclusions
of
law
and
shall
enter
an
order
vacating
or
sustaining
25
the
suspension.
The
findings
of
fact,
conclusions
of
law
and
order
entered
26
by
the
hearing
officer
shall
be
considered
a
final
order
pursuant
to
the
pro
-
27
visions
of
chapter
52,
title
67,
Idaho
Code,
except
that
motions
for
recon
-
28
sideration
of
such
order
shall
be
allowed
and
new
evidence
can
be
submitted.
29
The
facts
as
found
by
the
hearing
officer
shall
be
independent
of
the
de
-
30
termination
of
the
same
or
similar
facts
in
the
adjudication
of
any
criminal
31
charges
arising
out
of
the
same
occurrence.
The
disposition
of
those
crim
-
32
inal
charges
shall
not
affect
the
suspension
and
the
requirement
to
install
33
the
ignition
interlock
system
required
to
be
imposed
under
the
provisions
of
34
this
section.
If
a
license
is
suspended
under
this
section
and
the
person
is
35
also
convicted
on
criminal
charges
arising
out
of
the
same
occurrence
for
a
36
violation
of
the
provisions
of
section
18
-
8004,
18
-
8004C
or
18
-
8006,
Idaho
37
Code,
both
the
suspension
under
this
section
and
the
suspension
imposed
pur
-
38
suant
to
the
provisions
of
section
18
-
8005
or
18
-
8006,
Idaho
Code,
shall
be
39
imposed,
but
the
periods
of
suspension
shall
run
concurrently,
with
the
to
-
40
tal
period
of
suspension
not
to
exceed
the
longer
of
the
applicable
suspen
-
41
sion
periods,
unless
the
court
ordering
the
suspension
in
the
criminal
case
42
orders
to
the
contrary.
43
(8)
Judicial
review.
A
party
aggrieved
by
the
decision
of
the
hear
-
44
ing
officer
may
seek
judicial
review
of
the
decision
in
the
manner
provided
45
for
judicial
review
of
final
agency
action
provided
in
chapter
52,
title
67,
46
Idaho
Code.
Any
petition
for
relief
from
the
installation
of
an
ignition
in
-
47
terlock
device
shall
be
filed
in
accordance
with
the
provisions
of
section
48
18
-
8002(12),
Idaho
Code.
An
order
for
relief
from
the
installation
of
an
ig
-
49
13
nition
interlock
device
from
any
court
shall
apply
to
all
statutory
ignition
1
interlock
requirements.
2
(9)
Restricted
noncommercial
vehicle
driving
privileges.
A
person
3
served
with
a
notice
of
suspension
for
ninety
(90)
days
pursuant
to
this
4
section
may
apply
to
the
department
for
restricted
noncommercial
vehicle
5
driving
privileges,
to
become
effective
after
the
thirty
(30)
day
absolute
6
suspension
has
been
completed.
The
request
may
be
made
at
any
time
after
ser
-
7
vice
of
the
notice
of
suspension.
Restricted
noncommercial
vehicle
driving
8
privileges
will
be
issued
for
the
person
to
travel
to
and
from
work
and
for
9
work
purposes
not
involving
operation
of
a
commercial
vehicle,
to
attend
an
10
alternative
high
school,
work
on
a
GED,
for
postsecondary
education,
or
to
1
1
meet
the
medical
needs
of
the
person
or
his
family
if
the
person
is
eligible
12
for
restricted
noncommercial
vehicle
driving
privileges.
Any
person
whose
13
driving
privileges
are
suspended
under
the
provisions
of
this
chapter
may
be
14
granted
privileges
to
drive
a
noncommercial
vehicle
but
shall
not
be
granted
15
privileges
to
operate
a
commercial
motor
vehicle.
16
(10)
As
used
in
this
section,
"at
his
expense,"
"at
your
expense"
and
"at
17
the
offender's
expense"
include
the
cost
of
obtaining,
installing,
using
and
18
maintaining
an
ignition
interlock
system.
19
(11)
Rules.
The
department
may
adopt
rules
under
pursuant
to
the
provi
-
20
sions
of
chapter
52,
title
67,
Idaho
Code,
deemed
necessary
to
implement
the
21
provisions
of
this
section.
22
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
23
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
24
July
1,
2026.
25