Gaining knowledge and observing compliance with Idaho's traffic laws and regulations creates a safer driving environment and experience for everyone on the road. By following these traffic rules, drivers contribute to reducing accidents and protecting lives and properties.
Traffic violations can have serious impacts. They affect driving records, can lead to the suspension of driving privileges, and often result in higher insurance premiums. Each offense is meticulously recorded, which influences both immediate and long-term driving conditions.
The Idaho Division of Motor Vehicles (DMV) keeps crucial records of traffic violations, convictions, and civil penalties, which are essential for tracking driving behavior and ensuring road safety. The Idaho State Police (ISP), on the other hand, enforces traffic laws by monitoring roadways, issuing citations, and conducting traffic stops.
What Are the Major Traffic Violations in Idaho?
Traffic violations in Idaho are categorized into three types under the Idaho Motor Vehicles Code.
Infractions are minor offenses with civil penalties such as fines, demerit points, or license suspension. Meanwhile, felony traffic violations involve serious harm and result in criminal penalties, including jail time and heavy fines.
Traffic misdemeanors, more severe than infractions but less so than felonies, can lead to up to six months in jail and fines up to $1,000. While infractions incur civil penalties, misdemeanors, and felonies attract criminal consequences.
Driving Without a License or on a Suspended License
In Idaho, drivers must possess and present a valid driver's license when operating a vehicle, as required by Idaho Code Section 49-301. Exceptions include non-residents with valid licenses from their home states, military personnel, and certain non-highway vehicle operators.
Failing to show a license upon request is an infraction, but no conviction occurs if the driver produces a valid license in court. Otherwise, the fine for this infraction can reach $75.
Penalties for driving without a valid Idaho license escalate with each offense. A first violation incurs up to $150 in fines, while a second offense leads to a maximum of $300. A third violation within five years is a misdemeanor, carrying up to six months in jail and a $1,000 fine.
Meanwhile, driving on a suspended or revoked license, categorized as "driving without privileges" under Idaho Code Section 18-8001, can result in up to six months in jail and a $1,000 fine. Suspensions due to non-payment are considered infractions. Violating license restrictions incurs a $101 fine and a 30-day suspension.
Speeding
In Idaho, speeding laws include both maximum speed limits and a basic speeding rule, as outlined in Idaho Code Section 49-654.
The basic speeding rule mandates that drivers travel at a speed that is reasonable and prudent under existing conditions, such as weather, visibility, and road surface. This ensures motorists maintain safe speeds regardless of posted limits.
On the other hand, absolute speed limits are specific maximum speeds that must not be exceeded. In Idaho, these limits are:
- 35 miles per hour (mph) in residential, business, and urban areas
- 65 mph on most state highways
- 75 mph on most interstate highways
- 55 mph in other areas
On certain roads, drivers can exceed the speed limit by up to 15 mph when overtaking slower vehicles.
Penalties for speeding in Idaho vary based on the extent of the violation. Fines are $90 for exceeding the limit by one to 15 mph and $155 for 16 mph or more over the limit.
Violations in construction zones incur a $106.50 fine, while school zone offenses result in a $156.50 fine. The Idaho DMV also assigns demerit points to the driver's record for speeding violations. However, successfully contesting a speeding ticket can prevent these penalties.
Reckless Driving and Inattentive Driving
Unsafe driving in Idaho can lead to serious legal consequences, including criminal charges, fines, jail time, and license suspension. Reckless and inattentive driving are two significant offenses, each with distinct definitions and penalties.
As per Idaho Code Section 49-1401, reckless driving involves operating a vehicle in a manner that is dangerously careless or without due caution, potentially endangering others or property. This also includes passing a vehicle where lane markings restrict sight distance.
For a first conviction, which is a misdemeanor, penalties include up to six months in jail and/or fines up to $1,000. A second conviction within five years can result in up to one year in jail and/or fines up to $2,000. License suspension ranges from 30 days for a first offense to one year for a third offense within three years.
Meanwhile, as defined in Idaho Code Section 49-1401A, inattentive driving involves less severe behavior, such as careless or imprudent driving, without the extreme risk of reckless driving. Penalties include up to 90 days in jail and/or fines up to $300.
A conviction adds three demerit points to the driver's record, which can lead to license suspension if 12 or more points accumulate within a year. Under Idaho law, drivers facing a driving while intoxicated (DWI) charge may negotiate a reduced charge of reckless driving or "wet reckless."
Driving Under the Influence
Driving under the influence (DUI) is a traffic offense in Idaho that is strictly prohibited under Idaho Code Section 18-8004.
It is illegal to operate a vehicle with a blood alcohol concentration (BAC) of .08% or more or while impaired by drugs or alcohol. The BAC limit is reduced to .04% for commercial drivers and .02% for drivers under 21.
First-time offenders face penalties including up to six months in jail, fines up to $1,000, and a license suspension of 90 to 210 days. For a BAC of .20% or higher, these penalties increase significantly.
A second DUI within ten years results in harsher penalties: up to one year in jail, fines up to $2,000, and a license suspension of at least one year. A third DUI within ten years is a felony, punishable by up to ten years in prison and fines up to $5,000.
Idaho's implied consent law, under Idaho Code Section 18-8002, mandates that drivers arrested for DUI must submit to blood, urine, or breath tests.
Refusal leads to a $250 fine, license suspension, and a one-year ignition interlock device (IID) requirement. Additionally, all convicted drivers must undergo substance abuse evaluations and complete court-ordered treatments.
Driving Without Insurance
According to Idaho Code Section 49-1232, drivers must carry liability insurance that meets state minimum requirements: $25,000 for bodily injury per person, $50,000 per accident, and $15,000 for property damage.
Depending on prior offenses, driving without insurance can be either an infraction or a misdemeanor and can lead to fines, license suspension, and jail time.
For a first offense, driving without insurance is a traffic infraction with a $75 fine, an $85 license reinstatement fee, and additional court and administrative fees. The driver's license is suspended until proof of insurance is provided, and an SR-22 form must be filed and maintained for one year.
A second offense within five years is a misdemeanor, punishable by up to six months in jail, a fine of up to $1,000, and license suspension until all penalties are met. The SR-22 form must be maintained for three years.
Law enforcement officers can request proof of insurance during traffic stops or verify it through the Idaho Transportation Department (ITD) online insurance verification system. These measures ensure that all motorists on Idaho roads maintain proper insurance coverage for safety and compliance.
How Does Idaho DMV's Point System Work?
Idaho's point system evaluates traffic violations by assigning points based on the offense's severity. For example, failing to yield at a signed intersection results in 3 points, while illegal backing adds only 1 point.
Speeding in a school zone also incurs 3 points, similar to ignoring a stop sign. More serious violations, such as racing on public highways or passing a school bus illegally, are penalized with 4 points each.
Drivers who accumulate too many points receive a warning letter. Continued infractions can lead to a license suspension.
Fortunately, points expire over time, and drivers may also reduce their point totals by completing specific educational programs.
A detailed list of violations and their corresponding points can be accessed through the Idaho Violation Point System guideline.
In Idaho, drivers accumulating excessive points from traffic violations may face license suspension. The DMV typically issues a warning letter when drivers are nearing suspension limits, specifically after they reach:
- 8 points within 12 months
- 14 points over 24 months
- 12 points in a 36-month period
Should drivers surpass these thresholds, the following suspension periods apply:
- 12 to 17 points in 12 months: 30-day suspension
- 18 to 23 points in 24 months:90-day suspension
- 24 or more points in 36 months:Six-month suspension
Methods to Reduce Points on Idaho's Driving Record
In Idaho, specific educational programs allow drivers to manage their point totals and potentially mitigate the impact of traffic violations.
These options allow drivers to reduce points on their records, though they do not eliminate convictions or influence commercial driver's license (CDL) disqualifications. Below are the two primary methods available for point reduction.
Defensive Driving Course (DDC)
Idaho drivers can lower their point total by 3 points every three years by completing an approved Defensive Driving Course (DDC). This course must be finished before a point-related suspension is imposed.
The reduction applies only to the Idaho license record and does not remove any convictions or affect CDL disqualifications.
Drivers can view the list of certified DDC providers in the ITD's "Defensive Driving Accident Prevention" file.
Traffic Safety Education Course (TSC)
Drivers can also reduce their points by participating in a city-sponsored Traffic Safety Education Course (TSC) once every three years. This course must be offered at the time of citation and can remove 1 to 4 points from the record.
The availability of such courses or programs depends on the city and the enforcement officer's discretion. Like the DDC, completing a TSC does not remove convictions or affect CDL disqualifications, and point reduction is limited to once every three years.
What Is the Process for Handling Traffic Tickets in Idaho?
Idaho law requires traffic violators to either pay the fine or appear in court to challenge the citation within ten days of receiving a ticket. They must weigh the cost of the fine against the potential expense of fighting the ticket.
Paying Traffic Fines
Drivers may choose to pay a traffic ticket to handle the violation. However, this choice is an admission of guilt, which means they waive the right to contest the ticket in court. Furthermore, paying the fine could result in additional penalties, such as points on their driving record, potentially leading to higher insurance rates.
Traffic offenders in Idaho address their cases through the Magistrate Court in the jurisdiction where the offense occurred. Fines can be paid in person, by phone, mail, or online.
Although online payment options are available, some tickets may still require in-person payment at the local courthouse. Therefore, offenders need to confirm the available payment methods with the court.
Most courts accept in-person payments during business hours. If offenders are unable to pay the full amount immediately, they can contact the court to arrange a payment plan.
Additionally, third-party services can assist with ticket resolution or disputes for a fee. These companies handle tasks such as negotiating settlements or representing drivers in disputes on behalf of their clients, often on a subscription basis.
For those who prefer to pay online, the Idaho Judiciary offers a centralized payment portal that covers all counties. To make an online payment using this system, drivers should visit the iCourt payment portal, select the county of the violation, choose "payments," and enter the required citation or case details as prompted.
Contesting Traffic Tickets
Contesting a traffic ticket can be advantageous if a driver can demonstrate that the ticket was issued in error or that they are not responsible for the offense. Successfully challenging a ticket can help avoid fines, jail time, and possible license suspensions.
To contest a ticket, drivers must submit a not-guilty plea to the court clerk by the specified deadline, with some courts accepting pleas through mail, fax, or email. A pretrial conference may be scheduled to resolve the case without a full trial. If the case remains unresolved after this conference, it will proceed to trial.
Notably, there is no right to a jury trial for traffic infractions. During the trial, defendants may either represent themselves or hire an attorney, as court-appointed counsel is not available for infractions.
As outlined in the Infraction Penalty Schedule provided by the Idaho Supreme Court, convictions for traffic infractions result in fixed fines of up to $300, along with point assessments by the ITD. If a defendant is found not guilty, the case is dismissed.
Failure to appear in court may lead to a default judgment, and non-payment of fines typically results in a 90-day license suspension by the ITD. Once the fine and ITD's reinstatement fee are paid, reinstatement is possible.
Misdemeanor offenses, such as reckless driving, require mandatory court appearances. These cases are decided by a judge or jury, and failure to appear can potentially lead to arrest warrants and bail requirements as per the Idaho Misdemeanor Criminal Rules.
How Are Accident Reports Handled in Idaho?
Accident reports in Idaho require careful handling. Under Idaho Code Section 49-1305, drivers must contact law enforcement if an accident results in injury, fatality, or property damage exceeding $1,500. It is advisable to call the police even for minor damage due to the high costs of vehicle repairs.
If the accident occurs within a municipality, drivers should contact local police. For incidents outside town or on highways, they should contact the county sheriff or the ISP.
When law enforcement arrives, the officer takes control of the scene and begins creating the Idaho vehicle crash report.
According to Idaho Code Section 49-1306, the officer must submit a written report to the ITD within 24 hours after completing the investigation. The officer will collect and document essential information from all parties and witnesses, including:
- Vehicle position and impact diagrams
- Driver's license details, addresses, insurance, and contact info
- Weather and roadway conditions
- Traffic signals, lighting, and location
- Injuries, medical care, and driver sobriety
Note that the officers do not determine fault. Their report must be objective and help assess blame, but they are not a witness to the incident.
Drivers must also file their own accident report with the DMV within ten days using a form similar to the ITD's sample accident reporting kit.
They can obtain the form from the ITD or a local sheriff's office and must include details like the driver's address, license, vehicle registration, accident information, and insurance policy number.
Obtaining Police Accident Reports in Idaho
Idaho vehicle owners and drivers needing a police accident report for insurance claims or legal actions should contact the police department or sheriff's office where the accident occurred. If the ISP responded to the incident, individuals should request reports from the ISP Public Records Center.
Additionally, they can obtain PDF copies of police accident reports from the ITD through the Office of Highway Safety's ITD Forms – Crash Reports service for $7 plus a transaction fee.
The filing agency determines report availability, which may take several weeks. Unlike many states, Idaho makes vehicle crash reports public records, allowing anyone, not just accident participants or insurance companies, to purchase them.
What Should Drivers Know about Traffic-Related Arrests in Idaho?
In Idaho, the arrest procedure starts when an officer pulls over a driver and requests their license, registration, and proof of insurance. The officer explains the reason for the stop and may issue a citation for minor infractions, but serious violations can lead to arrest.
The officer gathers evidence and may conduct sobriety tests during the stop. If an arrest is warranted, the officer informs the driver of their rights, detains them, and transports them to the police station for booking, which includes fingerprinting and photographing.
Arrested drivers have specific rights, including the right to remain silent, the right to an attorney, and the right to know the charges against them. In DUI cases, they can request an independent blood alcohol test.
Following the arrest, the court schedules an arraignment at which the driver enters a plea. If necessary, further legal proceedings may follow.
Drivers can often post bail to secure release pending trial, with amounts based on the severity of the offense and the driver's history. For serious offenses, a judge may deny bail or set a high amount.
Key Considerations and Resources Post-Arrest
Arrested traffic offenders in Idaho should quickly seek an attorney. If they cannot afford one, the court may appoint a public defender, especially if jail time is possible.
They should also notify a family member or trusted person to arrange bail. It is important to keep all relevant documents, such as citations, bail receipts, and court notices. Additionally, attending all scheduled court appearances is vital, as missing them can result in additional charges and a warrant for arrest.
For DUI offenses, participating in sobriety programs or counseling can demonstrate a commitment to change and may positively influence court outcomes.
For legal support, individuals can use the Idaho State Bar's Lawyer Referral Service or seek help from public defenders. Moreover, the Idaho Legal Aid Services offers free or low-cost legal assistance, while the Idaho Judiciary's website provides access to court records, legal forms, and procedural information.