Amends existing law to revise a provision regarding the installation of an ignition interlock device, to provide for a petition for relief in certain instances, and to revise provisions regarding judicial review.

Idaho’s driving while intoxicated law provides that a person refusing evidentiary testing or failing evidentiary testing will automatically have his/her driver’s license suspended and be ordered to install ignition interlock devices on the vehicles he/she drives for 12 months. A court may waive the ignition interlock requirement if, by clear and convincing evidence, a court finds that the person will not present a danger to the public or there are exceptional or mitigating circumstances demonstrating that installation of the device is unnecessary or unwarranted. This legislation amends Idaho Code Sections 18-8002(12) and 18-8002A(8) to clarify the waiver provision as follows: • If no civil or criminal case is pending relating to the order to install the ignition interlock device, a person may file a waiver petition in the magistrate court within 30 days of the installation order; • The installation requirement is stayed while a waiver petition is pending or being appealed; • The Idaho Transportation Department (ITD) is not a party to the waiver proceeding; and • A court order granting a waiver petition applies to all statutory installation requirements.