Rule 9.1 - Suspension of Driver's License Upon Conviction of Offense Authorizing or Requiring Suspension of License - Suspension Upon Plea or Finding of Guilty of Offense - Notice of Increased Penalty on Subsequent Violations - Temporary Restricted License(a)Suspension of Driving Privileges. The court shall include in a judgment of conviction and sentence the suspension of driving privileges and driver's license which is part of the sentence under a statute of the state. If the statute authorizes or requires the court to suspend driving privileges and driver's license by reason of a plea of guilty or finding of guilty of an offense, the court shall adjudicate the period of suspension in an order of suspension.(b)Order of Suspension. Whenever the court suspends driving privileges and driver's license by reason of a plea of guilty or a finding of guilty to an offense, the court shall suspend the driving privileges by an order. A copy of the order shall be transmitted to the Department of Transportation and a copy served on the defendant by personal delivery or by mailing to the address indicated on the driver's license or other address furnished by the defendant. The suspension order shall be in substantially the following form: Click here to view
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(c)Notification of penalties for subsequent violations. After plea or finding of guilty on an offense in violation of Section 18-8004, Idaho Code, the court shall at or before the time of sentencing or granting a withheld judgment deliver to the defendant a written notice advising the defendant as to the penalties that may be imposed for subsequent violations of that statute. The notice shall be signed by the defendant and retained by the court, a copy shall be mailed to the prosecuting attorney and a copy shall be delivered to the defendant which shall be in substantially the following form: Click here to view
TO: ABOVE NAMED DEFENDANT.
YOU ARE HEREBY NOTIFIED that If you plead guilty to or are found guilty of another violation of Driving under the Influence the penalties will be as follows:
1. A SECOND DUI VIOLATION within 10 years, including withheld judgments, is a misdemeanor and you: (a) Shall be sentenced to jail for at least 10 days, and up to 1 year, the first 48 hours of which must be consecutive and 5 days of which must be served in jail;(b) May be fined up to $2,000.00;(c) Shall have your driving privileges suspended for a minimum of 1 year during which absolutely no driving privileges of any kind may be granted; and(d) Following the 1 year mandatory license suspension period, shall only drive a motor vehicle equipped with a functioning ignition interlock system for a minimum of 1 year.2. A SECOND DUI VIOLATION within 5 years where in both cases there was an alcohol concentration of .20 or more IS A FELONY, and you: (a) Shall be sentenced to the custody of State Board of Corrections for up to 5 years, but if the court imposes a jail sentence instead of the state penitentiary it shall be for a minimum period of not less than 30 days; and(b) May be fined up to $5,000.00;(c) Shall have your driving privileges suspended for at least 1 year and not more than 5 years after release from imprisonment, during which absolutely no driving privileges of any kind may be granted; and(d) Following the 1 year mandatory license suspension period, shall only drive a motor vehicle equipped with a functioning ignition interlock system for a minimum of 1 year.3. A THIRD DUI VIOLATION within 10 years, OR a SUBSEQUENT DUI with a previous felony DUI or aggravated DUI within 15 years IS A FELONY, and you:(a) Shall be sentenced to the custody of State Board of Corrections for up to 10 years, but if the court imposes a jail sentence instead of the state penitentiary it shall be for a minimum period of not less than 30 days the first 48 hours of which must be consecutive and 10 days of which must be served in jail; and(b) May be fined up to $5,000.00;(c) Shall have your driving privileges suspended for at least 1 year and not more than 5 years after release from imprisonment, during which absolutely no driving privileges of any kind may be granted in the first year; and(d) Following the 1 year mandatory license suspension period, shall only drive a motor vehicle equipped with a functioning ignition interlock system for a minimum of 1 year. I HAVE READ THIS ENTIRE DOCUMENT; I HAVE HAD IT EXPLAINED TO ME; AND I HAVE RECEIVED A COPY.
______________ / _____________________________________________
DATE DEFENDANT
(d)Temporary Restricted License. The court may, in its discretion, and where provided by law, issue a temporary restricted license to a defendant whose driver's license has been suspended by the court. The period of time covered by the temporary license shall count and be credited against the suspension period. The original of the temporary restricted license shall be retained by the court, and certified copies of the temporary restricted license shall be filed with the Department of Transportation and delivered to the defendant. The certified copy delivered to the defendant shall be retained by the defendant as the authority to drive in accordance with the terms thereof during the period of the temporary license.Adopted April 3, 1984, effective 3/1/1984; amended February 10, 1993, effective 7/1/1993; amended April 19, 1995, effective 7/1/1995, amended April 2, 2010, effective 4/15/2010; amended April 27, 2016, effective 7/1/2016.