Idaho State Statutes - Idaho Attorney Directory

AUTHORITY OF DEPARTMENT TO SUSPEND, DISQUALIFY OR REVOKE DRIVER'S
LICENSE AND PRIVILEGES. (1) If the court has not ordered the suspension of a
license or privileges, the department is authorized to suspend, disqualify or
revoke the license or privileges of a driver without preliminary hearing upon
a showing by its records or other sufficient evidence that the driver:
(a) Has committed an offense for which mandatory revocation, suspension
or disqualification of license or privileges is required upon conviction,
court order or administrative action;
(b) Has been convicted in any court in this state of an offense against a
municipal ordinance which would have been grounds for suspension,
revocation or disqualification of his driver's license or privileges had
the charge been prosecuted under a state law;
(c) Is incompetent to drive a motor vehicle;
1. Any person who in the opinion of the department, based upon
recommendation of the person's personal physician, is afflicted with
or subject to any condition which brings about momentary or prolonged
lapses of consciousness or control, which is or may become chronic,
or when the person is suffering from a physical or mental disability
or disease serving to prevent him from exercising reasonable and
ordinary control over a motor vehicle while operating it upon the
streets and highways, or any person who is unable to understand
highway signs, warning, regulating or directing traffic, is
incompetent to drive a motor vehicle.
2. Any person who shall not have minimum visual acuity with or
without corrective lenses of 20/40 in at least one (1) eye as
determined by the Snellen system or other available systems is
incompetent to operate a motor vehicle, however, the department shall
have the authority to license such person upon the recommendation of
an ophthalmologist or qualified physician and upon passage of a
skills test. At 20/70 or more in both eyes with or without corrective
lenses the department may suspend the driver's license and
privileges. Any person who applies for or receives any type of tax,
welfare or other benefits or exemptions for the blind shall be
conclusively presumed incompetent to operate a motor vehicle.
3. Any person, department, or political subdivision of the state of
Idaho who receives an application for any type of tax, welfare, aid
or other benefits or exemptions for the blind shall immediately
forward the name, address, sex, date of birth, and date of
application of the applicant to the department;
(d) Has permitted an unlawful or fraudulent use of a driver's license;
(e) Has committed an offense in another state or jurisdiction as
evidenced by a conviction, court order or administrative action, which if
committed in Idaho would be grounds for suspension, disqualification or
revocation;
(f) Has been convicted of the offense of reckless driving, or fleeing or
attempting to elude a peace officer, and providing that the operating
privilege shall be suspended for a period of thirty (30) days upon
conviction and providing further, that if a second conviction occurs
within a two (2) year period of time from the time of the first
conviction, the suspension shall be for ninety (90) days, and if a third
conviction shall occur within a three (3) year period of time from the
time of the first conviction, the period of suspension shall be for one
(1) year;
(g) Has failed to satisfy a judgment as set forth in chapter 12, title
49, Idaho Code;
(h) Has failed to maintain proof of financial responsibility as set forth
in chapter 12, title 49, Idaho Code;
(i) Has a driving record which shows a violation point count of twelve
(12) or more points in any consecutive twelve (12) month period;
(j) Is an habitual violator of traffic laws;
(k) Has been convicted of the offense of violation of a restricted
license and providing the driver's license and privileges be suspended for
a period of thirty (30) days;
(l) Has been convicted for the offense of leaving the scene of an
accident involving damages to a vehicle, the period of revocation shall be
one (1) year;
(m) Has been convicted for the offense of leaving the scene of an
accident resulting in injury or death, the period of revocation shall be
one (1) year;
(n) Is under the age of eighteen (18) years and is not satisfactorily
enrolled in school, has not received a waiver pursuant to or has not
completed school as provided in section 49-303A, Idaho Code;
(o) Was cited under the age of seventeen (17) years and subsequently
received a conviction involving a moving traffic violation arising out of
the operation of a motor vehicle, and providing the driver shall be sent a
written warning from the Idaho transportation department for a first
conviction; the driver's license shall be suspended for a period of thirty
(30) days for a second conviction; and the driver's license shall be
suspended for a period of sixty (60) days for a third or subsequent
conviction; and providing further that no restricted driving privileges
shall be issued during any period of suspension hereunder.
(2) A violation point is assessed for conviction of any charge or with
proof of any infraction involving a moving traffic violation. A value of one
(1) point shall be given for a less serious violation and up to four (4)
points for a more serious violation. Conviction or proof of infraction for
only one (1) violation arising from one (1) occasion of arrest or citation
shall be counted in determining the violation point count.
(3) The department is authorized and directed to establish a violation
point count system for various moving traffic violations and infractions
occurring either within or without the state of Idaho, affecting all holders
of driver's licenses issued by the department.
(4) Notification of suspension, revocation, cancellation or
disqualification. Upon suspending, revoking, canceling or disqualifying the
driver's license or driving privileges of any person, the department shall
immediately notify the applicant or licensee in writing, at the licensee's
address on file with the department pursuant to section 49-320, Idaho Code.
Upon his request the department shall afford him an opportunity for a hearing
before a hearing officer appointed by the director. The hearing may be held by
telephone within twenty (20) days after receipt of the request, unless this
period is for good cause shown, extended by the hearing officer for one
ten-day period. The notice and hearing shall be required prior to the
imposition of additional suspension or disqualification periods beyond the
periods as set forth in this section. Upon a hearing the hearing officer may
administer oaths, may issue subpoenas for the attendance of witnesses and the
production of relevant books and papers, and may require a reexamination of
the licensee. Upon the hearing the department shall either rescind its order
or, with good cause, may affirm or extend the suspension or disqualification
of the driver's license or revoke the driver's license.
Whenever a driver's license, permit or driving privilege has been
suspended or revoked by the department as provided in this section, other than
as set forth in subsection (1)(c), (d), (g), (h), (m), (n) or (o) of this
section, the department may issue a temporary restricted permit restricting
the time, area and purpose of use. The application, eligibility requirements
and form of the temporary restricted permit shall be provided by
administrative rule. A temporary restricted permit may be issued to grant
noncommercial driving privileges, but no temporary restricted permit shall be
issued which grants driving privileges to operate a commercial motor vehicle.
(5) The department shall not suspend or revoke a driver's license or
privileges for a period of more than one (1) year, unless otherwise provided
by law. The provisions of this subsection shall not be applicable with respect
to the issuance of temporary restricted permits as provided in section 49-325,
Idaho Code, nor shall it be applicable to those suspensions placed on an
individual's record for the purpose of administering suspensions ordered to
take effect after an individual's release from confinement or imprisonment
pursuant to chapter 80, title 18, Idaho Code.
(6) The department shall not disqualify a driver for a period longer than
specified by 49 CFR part 383.

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