Aggravated Driving While Under The Influence Of Alcohol, Drugs Or Any Other Intoxicating Substances

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 80 MOTOR VEHICLES 18-8006. Aggravated driving 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 18-8004 (1)(a) or (1)(c), Idaho Code, is guilty of a felony, and upon conviction: (a)  Shall be sentenced to the state board of correction for not to exceed fifteen (15) 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, the first forty-eight (48) hours of which must be consecutive; 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 surrender his driver’s license or permit to the court; and (d)  Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment, and may have his driving privileges suspended by the court for not to exceed five (5) years after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind; and (e)  Shall be ordered by the court to pay restitution in accordance with chapter 53, title 19 , Idaho Code. (2)  At the time of sentencing, the court shall inform the defendant that a second or subsequent offense of driving while under the influence of alcohol, drugs, or any other intoxicating substances that results in death may be considered vehicular manslaughter and may result in stricter punishment, including a mandatory fixed term of imprisonment of at least five (5) years for a second offense and a mandatory fixed term of imprisonment of at least ten (10) years for a third or subsequent offense, as provided in section 18-4007 (3)(b)(ii) and (iii), Idaho Code. Failure by the court to inform the defendant of such information shall not prohibit the imposition of a mandatory fixed term of imprisonment, and proof of knowledge of the mandatory fixed term of imprisonment shall not be required for such term to be imposed. (3)  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(s) or withheld judgment(s).