MADD releases annual report

Idaho drunk driving laws are among the weakest in the nation, according to a recently released report by Mothers Against Drunk Driving.

The report criticized Idaho for not requiring all DUI offenders to install ignition interlock systems after their first arrest, not conducting sobriety check points and its failure to pass laws that would make child endangerment a felony.

Overall, the state received only 1.5 out of five stars in MADD’s rating criteria. Montana and Michigan were the only states to rank lower, and only four other states received the same 1.5 star rating.

Conversely, Washington was given 3.5 stars for the steps the state has taken to penalize drunk driving.

According to the annual report, Washington adopted a law in 2009 that required first-time DUI offenders to install ignition interlock systems in their vehicles. Ignition interlock systems are breathalyzers installed into vehicles that will only allow the car to start if the driver has a blood alcohol level lower than the preset limit, which is typically .025 in Washington. Both Washington and Idaho’s legal blood alcohol concentration level is .08 percent.

“It’s a pretty affective tool,” Whitman County District Judge Doug Robinson said.

Robinson said the ignition interlock will also periodically signal the driver to pull over and blow into the breathalyzer to ensure he or she is not drinking while driving. The system also takes a photo of the person while he or she is blowing into the machine to ensure an impaired driver isn’t asking a passenger to do it for them.

The ignition interlock system is also financially costly. Robinson said the systems typically cost $100 for installation, and then drivers are billed $80 for every month they are required to use the device – which is a minimum of one year for first-time offenders and longer for multiple offenders. If a driver blows over the preset level, he or she will also have to pay approximately $100 to have the device reset.

MADD found the ignition interlock law has reduced alcohol-related deaths by 12 percent in Washington since 2009.

Robinson said the state’s mandatory minimum sentences for DUIs are steep, so judges typically do not add additional penalties to them. Most DUIs in Washington, however, are still considered misdemeanors unless the person has received four DUIs within a seven-year period.

Whitman County Magistrate Court Judge Gary Libey said he has only seen two felony DUIs since he took the bench in 2016.

Idaho only requires ignition interlock systems for multiple DUI offenders, and it is done so at the discretion of a judge, Latah County Prosecutor Bill Thompson said.

Because Idaho does not mandatory minimums, as Washington does, sentencings can vary by district. Typically first-time offenders will receive a $710 fine, a 90-day license suspension, and are required to take a DUI course and have an alcohol evaluation done, said Liz Warner, the city of Moscow prosecutor. She said the first 30 days of the license suspension are always imposed, but the driver can petition the court for restricted driving privileges for the remaining 60 days of their sentence.

Most of the DUIs committed in Idaho are also considered misdemeanors, but two DUIs within five years or three within 10 years result in a felony charge.

Felony DUI charges in Idaho do not have mandatory minimums but the offender is also typically sentenced to several days in jail and put on probation, Thompson said.

“(Offenders) are put on a fairly short leash in order to eliminate alcohol from their lives and restrict their driving,” Thompson said. “DUIs are a serious offense.”

MADD recommended that in order to improve its rating Idaho should pass an all offender ignition lock law with a compliance-based removal. It also recommended that Washington and Idaho both legalize sobriety checkpoints and conduct them monthly. MADD reported alcohol-related deaths or injuries are reduced by 20 percent in states that enforce monthly checkpoints. In addition MADD recommended both states make DUIs in which children under 16 of age are passengers in the vehicle a felony.

Washington and Idaho did earn half a star for their automatic license revocation laws and their requirement of SR22 insurance when the driver reinstates his or her license. MADD also rewarded both states with half a star for their laws that give officers access to expedited warrants if they stop a suspected drunk driver. Washington also earned half a star for its law that makes it a criminal offense to refuse a sobriety test. Nationally, 20 percent of suspected drunk drivers refuse a sobriety test, MADD reported.

According to the Idaho State Patrol in 2016 there were 7,320 DUI arrests made in Idaho. Latah County accounted for 107 of those arrests. The Washington Association of Sheriffs and Police Chiefs annual report said there were 22,993 people arrested in Washington on suspicion of DUIs in 2016.