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IDAHO'S VIOLATION POINT SYSTEM

Convictions
The Idaho Transportation Department's Driver Services Section receives records for moving violations that occur both in the state of Idaho and in other states plus Canada. Each minor moving violation receives a point system value from one to four points, depending on the seriousness of the violation. Convictions 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. When drivers accumulate this many points, they risk a driver's license suspension.

Defensive Driving Course (DDC)
Once every three (3) years drivers may reduce their point total by three points if they complete an approved defensive driving course (DDC). The course must be taken before a suspension for accumulation of points takes place. A point reduction can only be applied on an Idaho driver's license record. A list of Defensive Driving Course providers may be found at DefensiveDriving.htm.

Traffic Safety Education Course (TSC)
Once every three (3) years drivers may reduce their total point accumulation by completing a city sponsored Traffic Safety Education Course (TSC). This course must be offered to and accepted by the driver at roadside at the time of citation. Upon completion of the course it will remove the number of points associated with the citation from the driver’s record. Not all cities will opt to have such a program and, for those that do, the course is offered at the discretion of the law enforcement officer at the time of the stop.

NOTE: A driver is only allowed one point reduction on their driving record within a 3-year period regardless of what type of course is completed. Completion of a DDC or TSC DOES NOT REMOVE convictions from the driving record. The completion of a DDC or TSC will have no effect on any CDL disqualifying action.

The following Moving Violations Chart shows the section of Idaho Code that applies to each violation and lists the assessment of points for each type of moving violation.
CodeVIOLATION DESCRIPTIONPOINTS
49-603Starting parked vehicle2
49-604Limitation on backing1
49-605Driving upon sidewalk3
49-606Coasting prohibited2
49-612Obstruction to driver’s view or driving mechanism3
49-614Stopping when traffic obstructed1
49-615Drivers to exercise due care3
49-616Driving through safety zone prohibited2
49-619Slow moving vehicles2
49-623(4)Authorized emergency or police vehicles3
49-624Duty upon approaching stationary police vehicle or emergency vehicle displaying flashing lights 3
49-625Operation of vehicles on approach of authorized emergency police vehicle3
49-626Following fire apparatus prohibited3
49-627Crossing fire hose1
49-630Drive on right side of roadway – exceptions3
49-631Passing vehicles proceeding in opposite direction2
49-632Overtaking a vehicle on left3
49-633When passing on right is permitted2
49-634Limitations on overtaking on the left3
49-635Further limitation on driving on left of center of highway3
49-636One-way highways1
49-637Driving on highways laned for traffic1
49-638Following too closely3
49-639Turning out of slow moving vehicles2
49-640Vehicle approaching or entering unmarked or uncontrolled intersection3
49-641Vehicle turning left3
49-642Vehicle entering highway3
49-643Highway construction and maintenance3
49-644Required position and method of turning3
49-645Limitation on turning around3
49-648Obedience to signal indicating approach of train4
49-649Compliance with stopping requirements at all railroad grade crossings4
49-650Moving heavy equipment at Railroad grade crossings3
49-651Emerging from alley, driveway, or building3
49-654Basic rule and maximum speed limits/ CMV failure to slow down at railroad grade crossing3-4*
49-655Minimum speed regulations3
49-656Special speed limitations3-4*
49-657Work zone speed limit3
49-658School zone speed limit3
49-663Restricted use of neighborhood electric vehicles on highway2
49-673(3)&(4)Safety restraint useExempt
49-702Pedestrian’s right-of-way in crosswalk3
49-706Blind and/or hearing impaired pedestrian has right-of-way3
49-707Pedestrian’s right-of-way on sidewalks3
49-801Obedience to and required traffic control devices3
49-802Traffic control signal legend3
49-804Flashing signals3
49-806Lane use control signals3
49-807(2)Stop signs3
49-807(3)Failure to yield – signed intersections3
49-808Turning movement and required signals3
49-1302Duty to give information in accident involving damage to a vehicle4
49-1303Duty upon striking unattended vehicle4
49-1304Duty upon striking fixtures upon or adjacent to a highway4
49-1401(3)Inattentive driving3
49-1401ATexting while drivingExempt
46-1419Obedience to traffic direction2
49-1421(1)Driving on divided highways1
49-1421(2)Restricted access1
49-1422Overtaking and passing school bus4
49-1424Racing on public highways4
*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 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 

Reasons for Suspension of Driving Privileges
Judges and the Idaho Transportation Department are authorized under state statute to suspend, disqualify, deny, cancel, refuse, or revoke the license of drivers convicted of breaking certain laws, no matter what the driver's point-system count. Those violations include:

  • Driving while under the influence of alcohol or other drugs. 18-8004
  • Using a motor vehicle to commit a felony. 49-325(1)(b)
  • Leaving the scene of an accident resulting in injury or death. 49-1301
  • Leaving the scene of an accident in which you were involved, when the accident caused property damage. 49-1301
  • Making false statements, oral or written, to the Transportation Department while under oath. 18-5413
  • Reckless driving. 49-1401
  • Conviction or action in another state for an offense that, if committed in Idaho, would be grounds for suspension. 49-326
  • Driving with a suspended license (driving without privileges). 18-8001
  • Failing to pay a judgment for damages in an accident. 49-1204
  • Administrative license suspension (effective 1-1-98, suspension for failing a breath, blood, or urine test when tested for DUI).18-8002A
  • Refusal to Submit to an evidentiary test for DUI. 18-8002
  • Failing to pay a fine for conviction on an "infraction" charge. (Infractions are a step below misdemeanors and include such minor violations as seat belt tickets.) 49-1505
  • Fleeing from or eluding a peace officer. 49-1404
  • Unlawful use of a driver's license or identification card. 49-331, 49-2446
  • Failure to carry motor vehicle insurance. 49-1232, 49-1229, 49-1428
  • Alcohol-age violation (possession, use, or procurement). 18-1502
  • Violation of restriction. 49-317
  • Possession of marijuana or drug paraphernalia.18-1502(c), 37-2734(A)
  • 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. 49-303A
  • 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. 7-1412

Restricted Driving Permits (Non-Commercial)
If your Idaho license is suspended by the department, you may qualify for a restricted driving permit allowing you to drive to and from work, medical treatments, etc. You may apply for a restricted driving permit through the Idaho Transportation Department. If you have been convicted and/or suspended for driving under the influence of alcohol or drugs, driving without privileges, or any other court suspensions, you must apply to the court in which you were convicted. Exception: If you are a licensed Idaho driver and are convicted in an out-of-state court, you must apply to the Idaho Transportation Department. A restricted driving permit issued by the Department or the court does not allow for commercial motor vehicle (CMV) operation.

Restricted Permit Requirements:

  • If you are eligible for a permit for work purposes, you will be required to complete a work verification form. This form identifies your occupation; days and hours you must drive; counties and states in which you must drive; reasons you must drive; and availability of public transportation.
  • If you need to drive for medical reasons, upon determination of your eligibility you will need to submit a letter from your doctor describing your need for treatment.
  • All applicants must provide, depending on suspension requirements, either a valid Certificate of Liability Insurance Card or have their insurance company provide an SR22 certificate (proof of financial responsibility) to the Idaho Transportation Department.
  • Pay all applicable reinstatement fees and the $60.00 Restricted Driving Permit fee.
  • Your driving status must be clear in all other 49 states.

Getting Your License Back
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 $25.00 to $285.00 depending on the nature of the suspension. If your license was suspended for certain serious offenses, 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. 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 in Boise at (208) 334-8736.

Driver's License Compact
Idaho has been a member of the Driver License Compact since March 19, 1963. Membership is a major step necessary to maximize law enforcement efforts against drunk drivers and other serious traffic offenders. Serious offenses such as drunk driving, vehicle manslaughter, reckless driving, etc., are no less serious when committed in another jurisdiction than when committed in the driver's home state.

It is the policy of each member state to promote compliance with the laws, ordinances, and administrative actions regarding the operation of motor vehicles by drivers in states which are members of the compact.

Included in the compact are provisions which allow:

  • Member states to report actions on out-of-state drivers to their licensing state,
  • Home states to take the same action on violations reported to them by other member states as if the violation occurred in the home state, and
  • Authority to deny issuance of a driver's license if there is a suspension in another state.

Current Driver Compact Member States
 

Alabama 

Nebraska 

Alaska 

Nevada 

Arizona 

New Hampshire 

Arkansas 

New Jersey 

California 

New Mexico 

Colorado 

New York 

Connecticut 

North Carolina 

Delaware 

North Dakota 

Dist. of Columbia 

Ohio 

Florida 

Oklahoma 

Hawaii 

Oregon

Idaho 

Pennsylvania

Illinois 

Rhode Island 

Indiana 

South Carolina  

Iowa 

South Dakota

Kansas 

Texas

Louisiana 

Utah

Maine 

Vermont

Maryland 

Virginia

Minnesota 

Washington

Mississippi 

West Virginia 

Missouri 

Wyoming

Montana 




Non-Resident Violator Compact
The 1991 Idaho Legislature authorized Idaho's entry into the 1977 interstate Non-Resident Violator Compact as of July 1, 1992. Idaho is the 42nd state to become a member of the NRVC, effective 10-14-92. The compact is an agreement among member states which simplifies the processing of citations issued to out-of-state traffic offenders.

The law provides for the suspension of driver's licenses in the home states of traffic violators who fail to comply with the terms of their citations.

Some of the benefits of the Non-Resident Violator Compact are:

  • In many instances it allows non-resident motorists to be released on their own recognizance after the issuance of a citation,
  • It allows police officers to immediately resume their normal duties, and
  • In some cases it eliminates the need to appear in court.

License Suspension Procedures
If residents of NRVC member states fail to comply with the terms of their citations, their driving privileges may be suspended by their home state until the citation requirements have been met.

Not all offenses are covered under the NRVC. If the specific violation drivers are cited for does not come under the compact, and if they do not comply with the terms of their citations, they may still have their driving privileges suspended by the state of Idaho under Idaho's infraction law.

NOTE: If the driver's home state is not a member of the NRVC, his or her driving privileges may still be suspended for non-compliance by the state of Idaho under Idaho's infraction law.

.

Current NRVC Compact Member States

Alabama 

Nebraska 

Arizona 

Nevada 

Arkansas 

New Hampshire 

Colorado 

New Jersey 

Connecticut 

New Mexico 

Delaware 

New York 

Dist. of Columbia 

North Carolina 

Florida 

North Dakota 

Georgia 

Ohio 

Hawaii 

Oklahoma 

Idaho 

Pennsylvania 

Illinois 

Rhode Island 

Indiana 

South Carolina 

Iowa 

South Dakota 

Kansas 

Tennessee 

Kentucky 

Texas 

Louisiana 

Utah 

Maine 

Vermont 

Maryland 

Virginia 

Massachusetts 

Washington 

Minnesota 

West Virginia 

Mississippi 

Wyoming 

Missouri 


For additional DMV information, contact Driver Services via e-mail at: driverrecords@itd.idaho.gov
Page Last Modified: 7/14/2014 2:53:48 PM

Division of Motor Vehicles / Driver Services Section
(208) 334-8736


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Idaho Transportation Department
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