Idaho State Statutes - Idaho Attorney Directory

(1) Any person who drives or is in
actual physical control of any motor vehicle upon the highways of this state
with knowledge or who has received legal notice pursuant to section 49-320,
Idaho Code, that his driver's license, driving privileges or permit to drive
is revoked, disqualified or suspended in this state or any other jurisdiction
is guilty of a misdemeanor.
(2) A person has knowledge that his license, driving privileges or permit
to drive is revoked, disqualified or suspended when:
(a) He has actual knowledge of the revocation, disqualification or
suspension of his license, driving privileges or permit to drive; or
(b) He has received oral or written notice from a verified, authorized
source, that his license, driving privileges or permit to drive was
revoked, disqualified or suspended; or
(c) Notice of the suspension, disqualification or revocation of his
license, driving privileges or permit to drive was mailed by first class
mail to his address pursuant to section 49-320, Idaho Code, as shown in
the transportation department records, and he failed to receive the notice
or learn of its contents as a result of his own unreasonable, intentional
or negligent conduct or his failure to keep the transportation department
apprised of his mailing address as required by section 49-320, Idaho Code;
or
(d) He has knowledge of, or a reasonable person in his situation
exercising reasonable diligence would have knowledge of, the existence of
facts or circumstances which, under Idaho law, might have caused the
revocation, disqualification or suspension of his license, driving
privileges or permit to drive.
(3) Any person who pleads guilty to or is found guilty of a violation of
subsection (1) for the first time:
(a) Shall be sentenced to jail for a mandatory minimum period of not less
than two (2) days, and may be sentenced to not more than six (6) months,
provided however, that in the discretion of the sentencing judge, the
judge may authorize the defendant to be assigned to a work release or work
detail program within the custody of the county sheriff during the period
of incarceration, or, if the underlying suspension that resulted in the
violation of this section is not a suspension resulting from an offense
identified in subsection (8) of this section, the judge may authorize an
equivalent amount of community service in lieu of jail, or any equivalent
combination of these options;
(b) May be fined an amount not to exceed one thousand dollars ($1,000);
and
(c) Shall have his driving privileges suspended by the court for an
additional six (6) months following the end of any period of suspension,
disqualification or revocation existing at the time of the violation; the
defendant may request restricted driving privileges during the period of
the suspension or disqualification, which the court may allow if the
defendant shows by a preponderance of the evidence that driving privileges
are necessary for his employment, education or for family health needs.
(4) Any person who pleads guilty to or is found guilty of a violation of
subsection (1) for a second time within five (5) years, irrespective of the
form of the judgment(s) or withheld judgment(s):
(a) Shall be sentenced to jail for a mandatory minimum period of not less
than twenty (20) days, and may be sentenced to not more than one (1) year,
provided however, that in the discretion of the sentencing judge, the
judge may authorize the defendant to be assigned to a work release or work
detail program within the custody of the county sheriff during the period
of incarceration, or, if the underlying suspension that resulted in the
violation of this section is not a suspension resulting from an offense
identified in subsection (8) of this section, the judge may authorize an
equivalent amount of community service in lieu of jail, or any equivalent
combination of these options;
(b) May be fined an amount not to exceed one thousand dollars ($1,000);
and
(c) Shall have his driving privileges suspended by the court for an
additional one (1) year following the end of any period of suspension,
disqualification or revocation existing at the time of the second
violation, during the first thirty (30) days of which time he shall have
absolutely no driving privileges of any kind. The defendant may request
restricted driving privileges during the period of the suspension or
disqualification, to begin after the period of absolute suspension, which
the court may allow if the defendant shows by a preponderance of the
evidence that driving privileges are necessary for his employment,
education or for family health needs.
(5) Any person who has pled guilty to or been found guilty of more than
two (2) violations of the provisions of subsection (1) of this section within
five (5) years, notwithstanding the form of the judgment(s) or withheld
judgment(s), is guilty of a misdemeanor; and
(a) Shall be sentenced to the county jail for a mandatory minimum period
of not less than thirty (30) days, and may be sentenced to not more than
one (1) year; provided, however, that in the discretion of the sentencing
judge, the judge may authorize the defendant to be assigned to a work
release or work detail program within the custody of the county sheriff
during the period of incarceration, or, if the underlying suspension that
resulted in the violation of this section is not a suspension resulting
from an offense identified in subsection (8) of this section, the judge
may authorize an equivalent amount of community service in lieu of jail,
or any equivalent combination of these options;
(b) May be fined an amount not to exceed three thousand dollars ($3,000);
and
(c) Shall have his driving privileges suspended by the court for an
additional two (2) years following the end of any period of suspension,
disqualification or revocation existing at the time of the violation,
during the first ninety (90) days of which time he shall have absolutely
no driving privileges of any kind. The defendant may request restricted
driving privileges during the period of the suspension or
disqualification, to begin after the period of absolute suspension, which
the court may allow if the defendant shows by a preponderance of the
evidence that driving privileges are necessary for his employment,
education or for family health needs.
(6) A minor may be prosecuted for a violation of subsection (1) of this
section under chapter 5, title 20, Idaho Code.
(7) If a person is convicted for a violation of section 18-8004,
18-8004C or 18-8006, Idaho Code, and at the time of arrest had no driving
privileges, the penalties imposed by this section shall be in addition to any
penalties imposed under the provisions of section 18-8005, 18-8004A, 18-8004C
or 18-8006, Idaho Code, and not in lieu thereof.
(8) For purposes of this section, the offenses referred to in subsections
(3)(a), (4)(a) and (5)(a) of this section are:
(a) Section 18-1501(3), Idaho Code, transporting a minor in a motor
vehicle while under the influence;
(b) Section 18-4006(3), Idaho Code, vehicular manslaughter;
(c) Section 18-8001, Idaho Code, driving without privileges;
(d) Section 18-8004, Idaho Code, driving under the influence of alcohol,
drugs or other intoxicating substances;
(e) Section 18-8004C, Idaho Code, excessive alcohol concentration;
(f) Section 18-8006, Idaho Code, aggravated driving while under the
influence of alcohol, drugs or any other intoxicating substances;
(g) Section 18-8007, Idaho Code, leaving the scene of an accident
resulting in injury or death;
(h) Section 49-1229, Idaho Code, required motor vehicle insurance;
(i) Section 49-1232, Idaho Code, certificate or proof of liability
insurance to be carried in motor vehicle;
(j) Section 49-1401, Idaho Code, reckless driving;
(k) Section 49-1404, Idaho Code, eluding a police officer;
(l) Section 49-1428, Idaho Code, operating a vehicle without liability
insurance;
or any substantially conforming foreign criminal violation.
(9) In no event shall a person be granted restricted driving privileges
unless the person shows proof of liability insurance or other proof of
financial responsibility, as provided in chapter 12, title 49, Idaho Code.

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