Idaho Mis. Crim. R. 9.2

As amended through September 30, 2024
Rule 9.2 - Suspension of Driver's License for Failure to Take Evidentiary Test
(a)Sworn Statement of Officer. The affidavit of refusal to take an evidentiary test must be submitted in substantially the following form:

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(b)Suspension by Court. After being presented with a sworn statement of an officer under this rule, if the person who refused evidentiary testing does not request a hearing within 7 days from the date of the refusal, as allowed by Section 18-8002, Idaho Code, the judge shall enter an order suspending the driver's license of the defendant for one year for a first refusal and two years for a second refusal within ten years pursuant to Section 18-8002, Idaho Code, without further notice to the party. The order suspending driving privileges and driver's license shall be effective upon execution and shall apply to all driving privileges of the person, including those granted by any temporary license or permit issued by a police officer. The duty of the judge to enter such an order is a ministerial duty in which the judge has no discretion as to whether the order is to be entered.
(c)Show Cause Hearing. If a show cause hearing is timely requested by the defendant, the court shall set a hearing within the time provided by law. The hearing shall be limited to those issues provided by Section 18-8002(4)(b), Idaho Code. If the court enters an order of suspension, a copy shall be transmitted to the Department of Transportation and a copy served upon the defendant by personal delivery or mailing to the address indicated on the driver's license or other address furnished by the defendant. If the court makes the determination that there is not grounds for suspension of driving privileges and driver's license under this rule, it shall enter an order to that effect.
(d)Form of Suspension Order. An order suspending driving privileges under Section 18-8002, Idaho Code shall be in substantially the following form:

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TO THE DEPARTMENT OF TRANSPORTATION, STATE OF IDAHO AND THE ABOVE NAMED DEFENDANT.

A sworn statement of the police officer regarding the circumstances under which the defendant refused to submit to an evidentiary test for concentration of alcohol or for the presence of drugs or other intoxicating substances, after being requested to do so under Section 18-8002(3), Idaho Code, was delivered to the court, and

[ ] The defendant failed to request a hearing within 7 days from the date of the request to submit to evidentiary testing , such that the court determined the driving privileges of the defendant should be suspended under Section 18-8002(4)(c), Idaho Code.

[ ] A hearing was held at the request of the defendant - [ ] the defendant failed to appear- and the court determined that the driving privileges of the defendant should be suspended under Section 18-8002(4)(b), Idaho Code.

IT IS ORDERED that the driver's license and driving privileges of the above named defendant, including any driving privileges granted by a temporary license or permit, are hereby suspended for a period of

[ ] one year (first refusal) [ ] 2 years (second refusal within ten years) commencing on ___________________.

AND THE DEFENDANT IS ORDERED to pay a civil penalty in the amount of two hundred fifty dollars ($250). The defendant is to pay or enter into an agreement to pay this penalty within 30 days. Failure to do so will result in the account being turned over to a collection agency. There will be an additional charge of 33 1/3% if it is turned over to collections.

THE DEFENDANT IS HEREBY NOTIFIED THAT ALL OF YOUR DRIVING PRIVILEGES, INCLUDING ANY DRIVING PRIVILEGES UNDER A TEMPORARY LICENSE OR PERMIT ISSUED BY THE POLICE OFFICER, ARE SUSPENDED.

You do not have the right to obtain any temporary or restricted license or permit of any kind.

YOU ARE FURTHER NOTIFIED that the expiration of the period of this suspension does not reinstate your driver's license. To reinstate your driver's license in the State of Idaho, you will need to pay a reinstatement fee to the Idaho Transportation Department. Payment may be mailed to the Idaho Transportation Department, Driver Services Section, P.O. Box 34, Boise ID 83731-0034 or paid online via on-line services at dmv.idaho.gov. To reinstate your driver's license in another state, you must provide a copy of this notice to your home state as proof of payment and notice of compliance. Contact the Idaho Transportation Department at (208) 334-8736 for any additional reinstatement requirements.

Dated_

Judge_

STATE OF IDAHO )

)

COUNTY OF_ )

The undersigned Clerk of the above entitled court certifies that this is a true and correct copy of the original order suspending driver's license entered by the court and on file in this office.

[ ] Personally delivered to the defendant this date.

[ ] Mailed to the defendant this date.

Transmitted electronically to the Idaho Department of Transportation.

Dated_

Clerk or Deputy_

(e)Procedure and Evidence. A hearing under Idaho Code Section 18-8002 described above is a civil hearing and will be governed by the Idaho Rules of Civil Procedure except that the discovery rules, Rules 26 through 37 I.R.C.P., will not apply and Rule 16 of the Idaho Criminal Rules will govern all discovery. Provided, there shall be no right to a jury trial in these hearings.

Id. Mis. Crim. R. 9.2

Adopted April 3, 1984, effective 3/1/1984; amended March 20, 1985, effective 7/1/1985; amended June 15, 1987, effective 11/1/1987; amended March 30, 1988, effective 7/1/1988; amended February 10, 1993, effective 7/1/1993; amended February 26, 1997, effective 7/1/1997; amended March 28, 2000, effective 7/1/2000; amended April 27, 2016, effective 7/1/2016.