Idaho Traffic Safety Resource Prosecutor

www.TSRP-Idaho.org



Victim's Rights

Online Edition of the Idaho DUI Factbook

This online edition of the Idaho DUI Factbook is as accurate as possible at the time of publication. This manual does not cover every aspect of Idaho's DUI laws and should not be cited as a legal authority in court.

Victims of DUI related crashes are recognized in Idaho as victims of crime.  Victims’ rights are protected by Article I, Section 22 of the Idaho Constitution, and by section 19-5306 of the Idaho Code.

VICTIMS OF DUI HAVE THE FOLLOWING RIGHTS:

  • To be treated with fairness, respect, dignity and privacy throughout the criminal justice process.
  • To timely disposition of the case.
  • To prior notification of trial court, appellate and parole proceedings and, upon request, to information about the sentence, incarceration and release of the defendant.
  • To be present at all criminal justice proceedings.
  • To communicate with the prosecution.
  • To be heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration, or release of the defendant, unless manifest injustice would result.
  • To restitution, as provided by law, from the person committing the offense that caused the victim’s loss.
  • To refuse an interview, ex parte contact, or other request by the defendant, or any other person acting on behalf of the defendant, unless such request is authorized by law.
  • To read presentence reports relating to the crime.
  • To the same rights in juvenile proceedings, where the offense is a felony if committed by an adult, provided that access to the social history report shall be determined by statute.