Bill description: HB 405 excludes drivers who hold a commercial driver’s license from being put on a DUI Diversion program if they were operating a commercial vehicle at the time of their DUI.

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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

The Idaho Senate amended HB 405 on 03/05. The amendment to the bill changed an “and” to an “or”. This amendment removed some of our initial concerns with the bill. Primarily, it removed the concern that two motorists, operating the exact same make and model of car, could be treated differently when it comes to participation in a DUI diversion program.

Now, an individual can qualify for a DUI diversion program if: 1) the individual does not hold a commercial driver’s license or permit or 2) an individual does hold a commercial driver’s license or permit but was not driving a commercial vehicle at the time of their DUI. 

However, the key element of this bill remains the same: HB 405 is adding in a specific provision to exempt those operating commercial vehicles, who receive a DUI, from being allowed entry into a diversion program. 

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