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House Bill 78 — DUI diversion program

House Bill 78 — DUI diversion program

Phil Haunschild
February 11, 2019

Bill description: HB 78 would establish a DUI diversion program that would allow individuals charged with a DUI to choose alternative sentencing.

Rating: +1

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

Currently, those charged with a first-time DUI in Idaho can be convicted of a misdemeanor, sentenced up to six months in jail, have their license suspended up to 180 days and be fined up to $1,000.

HB 78 would establish a voluntary alternative sentencing path for those who are charged with their first DUI. Rather than face a misdemeanor, license suspension, substantial fines and jail time, an individual participating in a diversion program would have to engage in, at the discretion of the prosecuting attorney and consent of the participant, any or all of the following:

  • Informal supervision with the probation department.
  • Community service work.
  • Inmate labor detail work.
  • Restitution to the victim.
  • Community-based diversion program.
  • Alcohol monitoring and testing.
  • Individual therapy and counseling.
  • Group therapy and counseling.
  • Drug monitoring and testing.

Those participating in the alternative sentencing program would also be required to install an ignition interlock device for a set period. At the end of the court-assigned period, the DUI charge would be dismissed.


Update: This analysis reflects the amendments made to HB 78 on 2/28.

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