Idaho Auto Driving Laws

Convictions

The Idaho Transportation Department's Driver Services Section receives records for moving traffic law violations that occur both in the state of Idaho and in other states plus Canada.

Each minor moving violation of Idaho driving law receives a point system value from one to four points, depending on the seriousness of the violation. Convictions for violation of Idaho traffic laws and points assessed are entered on each driver's record and points are maintained for three (3) years after the conviction date.

Warning Letters

As a courtesy, drivers will be notified by a warning letter when they accumulate eight (8) to eleven (11) points in a twelve-month period, fourteen (14) to seventeen (17) points in a twenty-four month period, and twenty (20) to twenty-three (23) points in a thirty-six month period. In accordance with Idaho traffic laws, when drivers accumulate this many points, they risk a driver's license suspension.

Defensive Driving Course

Under Idaho driving law, once every three (3) years, drivers may reduce their point total by three points if they complete an approved defensive driving course. The course must be taken before a suspension for accumulation of points takes place.

The following Idaho driving law moving violations chart shows the section of Idaho Code that applies to each violation of Idaho traffic laws, and lists the assessment of points for each type of moving violation.

Code - Violation - Points

• 49-603 - Starting parked Vehicle - 2
• 49-604 - Limitation on Backing - 1
• 49-615 - Drivers to Exercise Due Care - 3
• 49-616 - Driving Through Safety Zone Prohibited - 2
• 49-625 - Operation of Vehicles on Approach of Authorized Emergency Police Vehicles - 3
• 49-630 - Drive on Right Side of Roadway-Exceptions - 3
• 49-631 - Passing Vehicles Proceeding in Opposite Directions - 2
• 49-632 - Overtaking a Vehicle on Left - 3
• 49-633 - When Passing on Right is Permitted - 2
• 49-634 - Limitations on Overtaking on the Left - 3
• 49-635 - Further Limitations on Driving on Left of Center of Highway - 3
• 49-636 - One-Way Highways - 1
• 49-637 - Driving on Highways Laned for Traffic - 1
• 49-638 - Following Too Closely - 3
• 49-640 - Vehicle Approaching or Entering Unmarked / Uncontrolled Intersection - 3
• 49-641 - Vehicle Turning Left - 3
• 49-642 - Vehicle Entering Highway - 3
• 49-644 - Required Position and Method of Turning - 3
• 49-645 - Limitations on Turning Around - 3
• 49-648 - Obedience to Signal Indicating Approach of Train - 4
• 49-649 - Compliance with Stopping Requirements at all Railroad Grades - 4
• 49-651 - Emerging from Alley, Driveway, or Building - 3
• 49-654 - Basic Rule and Maximum Speed Limits - 3-4*
• 49-655 - Minimum Speed Regulation - 3
• 49-656 - Special Speed Limitations - 3-4*
• 49-657 - Construction Danger Zone Speed Limits - 3
• 49-702 - Pedestrian's Right-of-Way in Crosswalk - 3
• 49-801 - Obedience to and Required Traffic Control Devices - 3
• 49-802 - Traffic Control Signal Legend - 3
• 49-804 - Flashing Signals - 3
• 49-807(2) - Stop Signs - 3
• 49-807(3) - Failure to Yield-Signed Intersection - 3
• 49-808 - Turning Movement and Required Signals - 3
• 49-1302 - Duty to Give Information in Accident involving Damage to a Vehicle - 4
• 49-1303 - Duty Upon Striking Unattended Vehicle - 4
• 49-1304 - Duty upon Striking Fixtures Upon, or Adjacent to, a Highway - 4
• 49-1401(3) - Inattentive Driving - 3
• 49-1419 - Obedience to Traffic Direction - 2
• 49-1421(1) - Driving on Divided Highways - 1
• 49-1421(2) - Restricted Access - 1
• 49-1422 - Overtaking and Passing School Bus - 4
• 49-1424 - Racing on Public Highways - 4
• 49-1424 - Exhibition of Speed - 4
• 49-1424 - Excessive Acceleration - 4

* 1 to 15 miles per hour over the speed limit = 3 points. 16 or more miles per hour over the speed limit = 4 points.

Under the Idaho driving law point system, the department may take the following actions against you:

Number of Points - Penalty

• 12 to 17 (in any 12 months) - 30-Day Suspension
• 18 to 23 (in any 24 months) - 90-Day Suspension
• 24 or more (in any 36 months) - 6-Month Suspension

Other Reasons for Suspension

Judges and the Idaho Transportation Department are authorized under state statute and Idaho driving law to suspend, disqualify, deny, cancel, refuse, or revoke the license of drivers convicted of breaking certain Idaho traffic laws, no matter what the driver's point-system count.

Those violations of Idaho traffic laws include:

• Driving while under the influence of alcohol or other drugs.
• Using a motor vehicle to commit a felony.
• Leaving the scene of an accident in which you were involved, when the accident caused property damage.
• Making false statements, oral or written, to the Transportation Department while under oath.
• Reckless driving.
• Conviction or action in another state for an offense that, if committed in Idaho, would be grounds for suspension.
• Driving with a suspended license (driving without privileges).
• Failing to pay a judgment for damages in an accident.
• Administrative license suspension (effective 1-1-98, suspension for failing a breath, blood, or urine test when tested for DUI).
• Refusal to Submit to an evidentiary test for DUI.
• Failing to pay a fine for conviction on an "infraction" charge. (Infractions are a step below misdemeanors and include such minor violations as parking tickets.)
• Fleeing from or eluding a peace officer.
• Leaving the scene of an accident resulting in injury or death.
• Unlawful use of a driver's license or identification card.
• Failure to carry motor vehicle insurance.
• Alcohol-age violation (possession, use, or procurement).
• Violation of restriction.
• Underage possession of marijuana or drug paraphernalia.

Under Idaho driving law, school districts may order the Idaho Transportation Department to suspend the driver's license and privileges of a minor who fails to attend school or does not comply with school requirements.

Under Idaho driving law, any court or the Department of Health and Welfare may order the Idaho Transportation Department to suspend the driver license and privileges of any person who fails to pay child support, fails to comply with visitation rights, or fails to comply with a subpoena for a paternity suit or child support proceeding.

Getting Your License Back

In accordance with Idaho driving law, when your suspension or revocation ends, you may get your license back by applying to the Idaho Transportation Department in Boise and paying a reinstatement fee of $15.00 to $180.00, depending on the nature of the suspension.

If your license was suspended for certain serious offenses of Idaho driving law, e.g. reckless driving or driving under the influence, you must also provide proof for three years that you are able to meet financial obligations arising from any accident.

Under Idaho traffic laws, the usual method of proof is a certified statement of liability insurance coverage from your insurer (an SR-22 certificate). For information on other options, contact the Idaho Transportation Department, Idaho driving law section, in Boise at (208) 334-8736.

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