Idaho Code
Idaho Code § 18-8001 (2026)
Driving without privileges.
✓ current as of May 2026
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Driving without privileges.
(1)(a) Except as provided in paragraph (b) of this subsection, 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.
(b) 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 and whose license was suspended for any reason outlined in sections 18-1502, 49-326(1)(g), 49-1204 and 49-1207, Idaho Code, is guilty of an infraction punishable by a fine of one hundred fifty dollars ($150).
(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oral or written notice from a verified, authorized source that his license, driving privileges or permit to drive was revoked, disqualified or suspended; or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) A minor may be prosecuted for a violation of subsection (1) of this section under chapter 5, title 20, Idaho Code.
(4) 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.
(5) 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.
(6) In no event shall a person who is disqualified or whose driving privileges are suspended, revoked or canceled under the provisions of this chapter be granted restricted driving privileges to operate a commercial motor vehicle.
Notes of Decisions
Cited in 91
cases (5 in the last 5 years), 1987–2025 · leading case: State v. Dana, 43 P.3d 765 (Idaho 2002).
State v. Dana, 43 P.3d 765 (Idaho 2002). “FACTUAL AND PROCEDURAL HISTORY Loren Dana (Dana) pleaded guilty to two counts of felony driving without privileges in violation of Idaho Code § 18-8001 (5) (1995), 1 and for each count the district judge imposed a three-year determinate sentence, which is the maximum sentence…”
State v. Eastman, 831 P.2d 555 (Idaho 1992). “The defendant appeals from the judgments of conviction entered after a jury found her in violation of I.C. § 18-8001, driving without privileges, and in violation of I.”
State v. Carr, 844 P.2d 1377 (Idaho Ct. App. 1992). “I.C. § 18-8001(1). A search incident to the arrest produced a small plastic bag of marijuana from Carr’s clothing.”
State v. Coby, 910 P.2d 762 (Idaho 1996). “The district court outlined the facts as follows in its Memorandum Decision and Order: In each of cases number C-5653 and C-5725-A, defendant Coby was charged with one count of Driving Under the Influence (DUI), Idaho Code § 18-8004 , and one count of Driving Without Privileges…”
State v. Martin, 808 P.2d 1322 (Idaho 1991). “Instead, the state appealed, contending that the trial court did not have authority to suspend either a portion of the mandatory minimum thirty days in jail required by I.C. § 18-8001(4)(a), or a portion of the three-year driving privilege suspension required by I.”
State v. Resendiz-Fortanel, 959 P.2d 845 (Idaho Ct. App. 1998). “Idaho Code § 18-8001 (1) provides that [a]ny person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge that his driver’s license, driving privileges or permit to drive is revoked, disqualified or suspended in this…”
State v. Moore, 231 P.3d 532 (Idaho Ct. App. 2010). “FACTS AND PROCEDURE On September 3, 2006, Moore was arrested for DUI, Idaho Code § 18-8004 , and for driving without privileges (DWP), I.C. § 18-8001. 1 Two days later, he entered a not guilty plea to the charges and trial was set for February 21, 2007.”
State v. Stewart, 833 P.2d 917 (Idaho Ct. App. 1992). “Idaho Code § 18-8001 (3) provides that the maximum sentence for driving without privileges is six months in jail, a $500 fine, and suspension of driving privileges for six months following the end of any period of suspension, disqualification or revocation existing at the time…”
State v. Martin, 218 P.3d 10 (Idaho Ct. App. 2009). “Martin was charged with driving without privileges, his third such offense within five years, in contravention of Idaho Code § 18-8001 (5). Martin thereafter filed a motion to suppress, claiming that Trooper Sherbondy lacked reasonable and articulable suspicion to conclude that…”
State v. Quenzer, 735 P.2d 1067 (Idaho Ct. App. 1987). “— (1) Any person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge that his license or permit to drive is revoked or suspended in this state or any other jurisdiction is guilty of a misdemeanor____ (Emphasis added.”
State v. Talavera, 905 P.2d 633 (Idaho 1995). “Talavera was arrested pursuant to section 18-8004(l)(a) of the Idaho Code 4 for driving under the influence and was also cited for driving without privileges (second offense) pursuant to section 18-8001 of the Idaho Code. Following his arrest, Talavera took an In-toxilyzer 5000…”
State v. Albertson, 23 P.3d 797 (Idaho Ct. App. 2001). “Albertson pleaded guilty to felony driving without privileges, Idaho Code § 18-8001 (5) (1997). [1] On December 12, 1996, he was given a unified three-year sentence with a one and one-half-year minimum term of imprisonment.”
— Idaho Code § 18-8001(1) — 7 cases
State v. Carr, 844 P.2d 1377 (Idaho Ct. App. 1992). “I.C. § 18-8001(1). A search incident to the arrest produced a small plastic bag of marijuana from Carr’s clothing.”
State v. Resendiz-Fortanel, 959 P.2d 845 (Idaho Ct. App. 1998). “Idaho Code § 18-8001 (1) provides that [a]ny person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge that his driver’s license, driving privileges or permit to drive is revoked, disqualified or suspended in this…”
State v. Bird, 804 P.2d 925 (Idaho Ct. App. 1990).
State v. Stewart, 833 P.2d 917 (Idaho Ct. App. 1992). “Idaho Code § 18-8001 (3) provides that the maximum sentence for driving without privileges is six months in jail, a $500 fine, and suspension of driving privileges for six months following the end of any period of suspension, disqualification or revocation existing at the time…”
State v. Campbell, 185 P.3d 266 (Idaho Ct. App. 2008).
— Idaho Code § 18-8001(1)(a) — 1 case
State v. Scheffelman (Idaho Ct. App. 2024).
— Idaho Code § 18-8001(2) — 2 cases
State v. Stewart, 833 P.2d 917 (Idaho Ct. App. 1992). “Idaho Code § 18-8001 (3) provides that the maximum sentence for driving without privileges is six months in jail, a $500 fine, and suspension of driving privileges for six months following the end of any period of suspension, disqualification or revocation existing at the time…”
State v. Shernnor Ahmen Williams (Idaho Ct. App. 2015).
— Idaho Code § 18-8001(3) — 12 cases
State v. Carr, 844 P.2d 1377 (Idaho Ct. App. 1992). “I.C. § 18-8001(1). A search incident to the arrest produced a small plastic bag of marijuana from Carr’s clothing.”
Pomrenke v. State, 497 P.3d 548 (Idaho Ct. App. 2021).
State v. Jay, 473 P.3d 861 (Idaho Ct. App. 2020).
State v. Murray Casey Carter, 341 P.3d 1269 (Idaho Ct. App. 2014).
State v. Mosqueda, 853 P.2d 603 (Idaho Ct. App. 1993).
— Idaho Code § 18-8001(3)(c) — 1 case
State v. Edghill, 999 P.2d 255 (Idaho Ct. App. 2000).
— Idaho Code § 18-8001(4) — 6 cases
State v. Pool, 457 P.3d 890 (Idaho 2020).
State v. Lund, 858 P.2d 829 (Idaho Ct. App. 1993).
State v. Tricia Franklin, 380 P.3d 181 (Idaho Ct. App. 2016).
State v. Pool (Idaho 2020).
State v. Scott, 767 P.2d 275 (Idaho Ct. App. 1989).
— Idaho Code § 18-8001(4)(a) — 1 case
State v. Martin, 808 P.2d 1322 (Idaho 1991). “Instead, the state appealed, contending that the trial court did not have authority to suspend either a portion of the mandatory minimum thirty days in jail required by I.C. § 18-8001(4)(a), or a portion of the three-year driving privilege suspension required by I.”
— Idaho Code § 18-8001(4)(c) — 1 case
State v. Martin, 808 P.2d 1322 (Idaho 1991). “Instead, the state appealed, contending that the trial court did not have authority to suspend either a portion of the mandatory minimum thirty days in jail required by I.C. § 18-8001(4)(a), or a portion of the three-year driving privilege suspension required by I.”
— Idaho Code § 18-8001(5) — 6 cases
State v. Coby, 910 P.2d 762 (Idaho 1996). “The district court outlined the facts as follows in its Memorandum Decision and Order: In each of cases number C-5653 and C-5725-A, defendant Coby was charged with one count of Driving Under the Influence (DUI), Idaho Code § 18-8004 , and one count of Driving Without Privileges…”
State v. Dustin Jade Mrgan, 400 P.3d 638 (Idaho Ct. App. 2017).
State v. Hudson, 989 P.2d 285 (Idaho 1999).
State v. Resendiz-Fortanel, 959 P.2d 845 (Idaho Ct. App. 1998). “Idaho Code § 18-8001 (1) provides that [a]ny person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge that his driver’s license, driving privileges or permit to drive is revoked, disqualified or suspended in this…”
State v. Coby, 910 P.2d 771 (Idaho Ct. App. 1994).
— Idaho Code § 18-8001(5)(a) — 1 case
State v. Dana, 43 P.3d 765 (Idaho 2002). “FACTUAL AND PROCEDURAL HISTORY Loren Dana (Dana) pleaded guilty to two counts of felony driving without privileges in violation of Idaho Code § 18-8001 (5) (1995), 1 and for each count the district judge imposed a three-year determinate sentence, which is the maximum sentence…”
— Idaho Code § 18-8001(l) — 1 case
State v. Wilcox, 814 P.2d 39 (Idaho Ct. App. 1991).
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