REVISED
STATEMENT OF PURPOSE
RS28453 / H0148
The purpose of this legislation is to correct an inherent inequity in the dual application of two statutes relating
to the charges for a criminal DUI charge pursuant to Idaho Code 18-8004, 18-8004C, or 18-8006 and the
contemporaneous suspension of a driver’s license arising out of the same criminal DUI charge. Idaho Code
18-8002A (2). If the defendant driver is found innocent of the criminal DUI charge, which is vacated or
dismissed, the current law requires that the defendant driver’s license will continue to be suspended for the
original time prescribed. The proposed legislation corrects this inequity by providing that if a person’s license
is suspended for a criminal DUI charge and the same criminal DUI charge is subsequently vacated or dismissed,
then the suspension of the driver’s license shall also be vacated. The defendant’s driving privileges shall be
restored on the effective date that the criminal DUI charges are vacated or dismissed.
FISCAL NOTE
The fiscal impact of this legislation is difficult to estimate. According to the Idaho Department in Transportation,
in calendar year 2019 there were 1,732 instances where a driver had an administrative license suspension in
effect, with no corresponding DUI conviction. Under this proposal, the Department will no longer receive a
$245 reinstatement fee for each of these administrative license suspensions. Based on these numbers, this could
amount to an annual loss of $424,340 in reinstatement fees to the State Highway Account. This amount is not
static, as it is dependent on the number of cases that would be vacated or dismissed.
Contact:
Representative Ryan Kerby
(208) 332-1000
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN REVISED: 02/23/2021, 5:21 PM


Statutes affected:
Bill Text: 18-8002A