Idaho Drivers License Hardship Law

Drivers Hardship License Law – General – Idaho

1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?

Yes. 18-8002A and 18-8005 allow people charged with DUI related offenses to get a restricted driving privilege.

Under § 18-8001, driving without privileges offenders 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 .

For underage alcohol offenses, §18-1502 allows the driver to request restricted driving privileges during the period of suspension, which the court may allow, if the person shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court.

Minors may also get driving privileges under for school purposes under § 49-307A.

Also, § 49-325, dealing with mandatory revocation by department, and § 49-326 dealing with license suspensions and revocations, allow for granting a temporary restricted permit

2. Is an agency hearing required before a hardship license is issued?

§ 18-8001, for offenders of driving without privileges, doesn’t specify hearing requirements, but states that drivers are required to make a showing by a preponderance of the evidence that driving privileges are necessary for his employment, education or for family health needs.

3. Do prior offenses prevent me from obtaining a hardship license?

Prior offenses will increase the absolute suspension or revocation time, during which no driving privileges may be granted. Prior convictions in the past five years are counted in increasing penalties.

4. What are the requirements for getting a hardship license?

To get restricted driving privileges under 18-8002A, a person served with a notice of suspension for ninety (90) days pursuant to this section may apply to the department for restricted driving privileges, to become effective after the thirty (30) day absolute suspension has been completed. The request may be made at any time after service of the notice of suspension. Restricted driving privileges will be issued for the person to travel to and from work and for work purposes, to attend an alternative high school, work on a GED, for postsecondary education, or to meet the medical needs of the person or his family if the person is eligible for restricted driving privileges.

Offenders sentenced for driving without privileges under 18-8001 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.

§ 49-303A allows an applicant for a driver’s license who is under the age of eighteen (18) shall provide written verification of compliance with the requirements of subsection (1) of this section or receipt of a waiver therefrom pursuant to subsection (3) of this section to the department.

A person suspended or revoked under § 49-326 must not have been convicted of a failure to pay a judgment, failure to maintain proof of financial responsibility, leaving the scene of an accident resulting in injury or death, be under the age of eighteen (18) years and not satisfactorily enrolled in school, cited under the age of seventeen (17) years and subsequently received a conviction involving a moving traffic violation, permitted an unlawful or fraudulent use of a driver’s license, or be incompetent to drive.

5. Does a lifetime or mandatory revocation make you ineligible for restricted driving privileges?

49-325 alllows for a temporary driving permit for mandatory suspensions whenever any driver’s license, permit or operating privilege has been revoked by the department, except when restricted operating privileges are specifically prohibited by other provisions of law.

6. Can minors receive limited driving privileges?

Under §18-8005, in addition to any other penalty, if a minor pleads guilty to or is found guilty of a violation of the provisions of section 18-8004(1)(a), (b) or (c) or 18-8004C, Idaho Code, he shall have his driving privileges suspended or denied for an additional one (1) year following the end of any period of suspension or revocation existing at the time of the violation, or until he reaches the age of twenty-one (21) years, whichever period is greater. During the period of additional suspension or denial, absolutely no driving privileges shall be allowed.

§ 49-307A alllows students ages 14 to 16, upon verification of attendance compliance, in a school district with a population of less than one hundred fifty (150) people. Lack of school bus service must be verified by the school district and the driver must have completed a driver training course

Under §49-303A, an applicant for a driver’s license who is under the age of eighteen (18) shall provide written verification of compliance with the requirements of subsection (1) (school atttendance) of this section or receipt of a waiver therefrom pursuant to subsection (3) of this section to the department. The necessary verification shall be obtained from the school district.