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.
History:
[67-7035, added 1988, ch. 368, sec. 3, p. 1088.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 70 - IDAHO SAFE BOATING ACT
Section 67-7002 - JURISDICTION AND AUTHORITY.
Section 67-7003 - DEFINITIONS.
Section 67-7004 - HULL IDENTIFICATION NUMBER.
Section 67-7005 - CAPACITY PLATE AND CERTIFICATION.
Section 67-7006 - CAPACITY PLATE — CONTENTS.
Section 67-7007 - CERTIFICATION LABEL — CONTENTS.
Section 67-7008 - CERTIFICATE OF NUMBER — EXPIRATION — FEES.
Section 67-7008A - ADDITIONAL FEES — DEPOSIT INTO INVASIVE SPECIES FUND.
Section 67-7009 - EXEMPTION FROM NUMBERING PROVISIONS.
Section 67-7010 - UNNUMBERED VESSELS.
Section 67-7012 - ADVISORY COMMITTEE.
Section 67-7013 - REMITTANCE OF FEES.
Section 67-7014 - ADMINISTRATIVE FEES FOR VESSELS.
Section 67-7015 - SAFETY EQUIPMENT — ADDITIONAL REGULATIONS.
Section 67-7016 - GROSSLY NEGLIGENT OPERATION.
Section 67-7017 - NEGLIGENT OPERATION.
Section 67-7018 - UNLICENSED COMMERCIAL VESSELS.
Section 67-7020 - INCAPACITY OF OPERATOR.
Section 67-7021 - DIVERS’ WARNING.
Section 67-7022 - OVERLOADING.
Section 67-7023 - OVERPOWERING.
Section 67-7024 - WATER SKIING.
Section 67-7025 - INTERFERENCE WITH NAVIGATION.
Section 67-7026 - RESTRICTED AREAS.
Section 67-7027 - COLLISIONS, ACCIDENTS AND CASUALTIES — REPORTS.
Section 67-7028 - ENFORCEMENT.
Section 67-7029 - AGENTS OF THE DEPARTMENT.
Section 67-7030 - REGATTAS, RACES, MARINE EVENTS, TOURNAMENTS AND EXHIBITIONS.
Section 67-7031 - MARKING OF WATER AREAS — PROCEDURES — LOCAL RULES.
Section 67-7032 - OWNER’S RESPONSIBILITY — PRESUMPTION OF CONSENT.
Section 67-7036 - TESTING BLOOD OF PERSONS KILLED IN VESSEL ACCIDENTS.
Section 67-7038 - MUFFLERS AND NOISE RESTRICTIONS.
Section 67-7039 - VESSEL TITLING ACT.
Section 67-7040 - APPLICATION TO CERTAIN VESSELS.
Section 67-7041 - LIENS AND ENCUMBRANCES — FILING — NOTATION ON CERTIFICATE — CONSTRUCTIVE NOTICE.
Section 67-7050 - RECIPROCAL AGREEMENTS.