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The National Transportation Safety Board said Idaho has implemented only three of the 11 recommendations.
These laws, policies and practices are part of a model program to curb hard-core drunken drivers. Jared D. Olson, Idaho's traffic safety resource prosecutor, offered succinct explanations of where Idaho stands.
1 Frequent statewide sobriety checkpoints
Idaho: Sobriety checkpoints are not legal in Idaho. They violate the Idaho Constitution's prohibition on unreasonable search and seizure.
2 Stricter sanctions for those arrested the first time with a high blood-alcohol content -- the standard would be greater than or equal to .15 BAC.
Idaho: The state defines excessive blood-alcohol level as .20, which was double the original limit of .10 BAC. The excessive DUI law was not updated when the limit was lowered to .08 in 1997.
3 A zero blood-alcohol requirement for convicted DWI/DUI offenders when they get their licenses back.
Idaho: Has no provision for this.
4Administrative rather than court-based license revocation to speed up the process when drivers fail or refuse to take the sobriety test.
Idaho: Has an administrative license suspension for failing the sobriety test, and a court-based civil license suspension, which takes longer, for refusing to submit to the sobriety test.
5Vehicle sanctions for DUI offenders, such as ignition interlock; license plate confiscation or impoundment; vehicle immobilization; vehicle impoundment or vehicle forfeiture.
Idaho: Ignition interlock is mandated for repeat offenders, although judges must order it; law enforcement agencies may tow and impound, though not all do.
6Eliminate plea-bargaining DUI offenses down to non-alcohol offenses.
Idaho: No ban on plea agreements with DUI offenders.
7Retain DUI offense records for at least 10 years to identify and prosecute repeat offenders.
Idaho: The look-back period is at least 10 years for DUI offense records; 15 years for felonies.
8Develop and operate special sanction (court-based) programs for hard-core DUI offenders.
Idaho: The state has been a leader in creating DUI courts. Counties with DUI courts or misdemeanor/DUI courts include: Bannock, Bingham, Bonneville, Caribou, Kootenai, Madison/Jefferson/Fremont, Nez Perce, Oneida, Power, Teton and Twin Falls.
9A hot sheet program, which requires departments of motor vehicles to send police agencies lists of DUI offenders with suspended or revoked licenses.
Idaho: Not in practice.
10Confinement alternatives
Idaho: Offers confinement in hospital and work release, where emphasis is on treatment. SCRAM devices are used to monitor offenders in the community.
11Prohibit programs that permit purging of offense record or allow the offender to avoid license suspension.
Idaho: Although the state allows withheld judgments in DUI cases -- it doesn't appear on criminal records -- prosecutors can still consider those in repeat DUI offenses.
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