2005 Idaho Code - 18-8001 — DRIVING WITHOUT PRIVILEGES

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 80
                                MOTOR VEHICLES
    18-8001.  DRIVING WITHOUT PRIVILEGES. (1) Any person who drives or is in
actual physical control of any motor vehicle upon the highways of this state
with knowledge or who has received legal notice pursuant to section 49-320,
Idaho Code, that his driver's license, driving privileges or permit to drive
is revoked, disqualified or suspended in this state or any other jurisdiction
is guilty of a misdemeanor.
    (2)  A person has knowledge that his license, driving privileges or permit
to drive is revoked, disqualified or suspended when:
    (a)  He has actual knowledge of the revocation, disqualification or
    suspension of his license, driving privileges or permit to drive; or
    (b)  He has received oral or written notice from a verified, authorized
    source, that his license, driving privileges or permit to drive was
    revoked, disqualified or suspended; or
    (c)  Notice of the suspension, disqualification or revocation of his
    license, driving privileges or permit to drive was mailed by first class
    mail to his address pursuant to section 49-320, Idaho Code, as shown in
    the transportation department records, and he failed to receive the notice
    or learn of its contents as a result of his own unreasonable, intentional
    or negligent conduct or his failure to keep the transportation department
    apprised of his mailing address as required by section 49-320, Idaho Code;
    or
    (d)  He has knowledge of, or a reasonable person in his situation
    exercising reasonable diligence would have knowledge of, the existence of
    facts or circumstances which, under Idaho law, might have caused the
    revocation, disqualification or suspension of his license, driving
    privileges or permit to drive.
    (3)  Any person who pleads guilty to or is found guilty of a violation of
subsection (1) for the first time:
    (a)  Shall be sentenced to jail for a mandatory minimum period of not less
    than two (2) days, and may be sentenced to not more than six (6) months,
    provided however, that in the discretion of the sentencing judge, the
    judge may authorize the defendant to be assigned to a work release or work
    detail program within the custody of the county sheriff during the period
    of incarceration, or, if the underlying suspension that resulted in the
    violation of this section is not a suspension resulting from an offense
    identified in subsection (8) of this section, the judge may authorize an
    equivalent amount of community service in lieu of jail, or any equivalent
    combination of these options;
    (b)  May be fined an amount not to exceed one thousand dollars ($1,000);
    and
    (c)  Shall have his driving privileges suspended by the court for an
    additional six (6) months following the end of any period of suspension,
    disqualification or revocation existing at the time of the violation; the
    defendant may request restricted driving privileges during the period of
    the suspension or disqualification, 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.
    (4)  Any person who pleads guilty to or is found guilty of a violation of
subsection (1) for a second time within five (5) years, irrespective of the
form of the judgment(s) or withheld judgment(s):
    (a)  Shall be sentenced to jail for a mandatory minimum period of not less
    than twenty (20) days, and may be sentenced to not more than one (1) year,
    provided however, that in the discretion of the sentencing judge, the
    judge may authorize the defendant to be assigned to a work release or work
    detail program within the custody of the county sheriff during the period
    of incarceration, or, if the underlying suspension that resulted in the
    violation of this section is not a suspension resulting from an offense
    identified in subsection (8) of this section, the judge may authorize an
    equivalent amount of community service in lieu of jail, or any equivalent
    combination of these options;
    (b)  May be fined an amount not to exceed one thousand dollars ($1,000);
    and
    (c)  Shall have his driving privileges suspended by the court for an
    additional one (1) year following the end of any period of suspension,
    disqualification or revocation existing at the time of the second
    violation, during the first thirty (30) days of which  time he shall have
    absolutely no driving privileges of any kind. The defendant 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.
    (5)  Any person who has pled guilty to or been found guilty of more than
two (2) violations of the provisions of subsection (1) of this section within
five (5) years, notwithstanding the form of the judgment(s) or withheld
judgment(s), is guilty of a misdemeanor; and
    (a)  Shall be sentenced to the county jail for a mandatory minimum period
    of not less than thirty (30) days, and may be sentenced to not more than
    one (1) year; provided, however, that in the discretion of the sentencing
    judge, the judge may authorize the defendant to be assigned to a work
    release or work detail program within the custody of the county sheriff
    during the period of incarceration, or, if the underlying suspension that
    resulted in the violation of this section is not a suspension resulting
    from an offense identified in subsection (8) of this section, the judge
    may authorize an equivalent amount of community service in lieu of jail,
    or any equivalent combination of these options;
    (b)  May be fined an amount not to exceed three thousand dollars ($3,000);
    and
    (c)  Shall have his driving privileges suspended by the court for an
    additional two (2) years following the end of any period of suspension,
    disqualification or revocation existing at the time of the violation,
    during the first ninety (90) days of which time he shall have absolutely
    no driving privileges of any kind. The defendant 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.
    (6)  A minor may be prosecuted for a violation of subsection (1) of this
section under chapter 5, title 20, Idaho Code.
    (7)  If a person is convicted for a  violation  of section 18-8004,
18-8004C or 18-8006, Idaho Code, and at the time of arrest had no driving
privileges, the penalties imposed by this section shall be in addition to any
penalties imposed under the provisions of section 18-8005, 18-8004A, 18-8004C
or 18-8006, Idaho Code, and not in lieu thereof.
    (8)  For purposes of this section, the offenses referred to in subsections
(3)(a), (4)(a) and (5)(a) of this section are:
    (a)  Section 18-1501(3), Idaho Code, transporting a minor in a motor
    vehicle while under the influence;
    (b)  Section 18-4006(3), Idaho Code, vehicular manslaughter;
    (c)  Section 18-8001, Idaho Code, driving without privileges;
    (d)  Section 18-8004, Idaho Code, driving under the influence of alcohol,
    drugs or other intoxicating substances;
    (e)  Section 18-8004C, Idaho Code, excessive alcohol concentration;
    (f)  Section 18-8006, Idaho Code, aggravated driving while under the
    influence of alcohol, drugs or any other intoxicating substances;
    (g)  Section 18-8007, Idaho Code, leaving the scene of an accident
    resulting in injury or death;
    (h)  Section 49-1229, Idaho Code, required motor vehicle insurance;
    (i)  Section 49-1232, Idaho Code, certificate or proof of liability
    insurance to be carried in motor vehicle;
    (j)  Section 49-1401, Idaho Code, reckless driving;
    (k)  Section 49-1404, Idaho Code, eluding a police officer;
    (l)  Section 49-1428, Idaho Code, operating a vehicle without liability
    insurance;
or any substantially conforming foreign criminal violation.
    (9)  In no event shall a person be granted restricted driving privileges
unless the person shows proof of liability insurance or other proof of
financial responsibility, as provided in chapter 12, title 49, Idaho Code.