Idaho Code
Idaho Code

Idaho Code § 49-301 (2026)

Drivers to be licensed. 

✓ current as of May 2026
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Drivers to be licensed. 

(1) No person, except those expressly exempted by the provisions of this chapter, shall drive any motor vehicle upon a highway unless the person has a current and valid Idaho driver’s license. Provided however, that those persons holding a restricted school attendance driving permit may drive upon a highway pursuant to the restrictions set forth in section 49-307A, Idaho Code.

(2)  No person shall operate a motorcycle upon a highway unless he has a motorcycle endorsement on his valid driver’s license. The provisions of this subsection shall not apply to persons operating autocycles.
(3)  No person shall operate a motor vehicle in violation of any valid restriction identified on, or attached to, his valid driver’s license.
(4)  No person shall receive a class D driver’s license unless and until he surrenders to the department all driver’s licenses in his possession issued to him by Idaho or any other jurisdiction for use within the United States, or any identification cards issued by any other jurisdiction within the United States, or until he executes an affidavit that he does not possess a driver’s license or any identification cards.
(5)  No person shall be permitted to have more than one (1) driver’s license issued for use within the United States at any time.
(6)  No person shall operate a commercial motor vehicle as defined in section 49-123, Idaho Code, upon a highway:
(a)  Without obtaining a commercial driver’s license.
(b)  Without having the appropriate class A, B or C commercial driver’s license in the operator’s possession.
(c)  Without the proper license class of commercial driver’s license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.
(d)  Unless the operator has a seasonal or class A, B or C driver’s license with required endorsements in his possession.
(e)  Without having a current and valid medical examiner’s certificate on file with the department while operating in a "non-excepted" status as required by the federal motor carrier safety administration. Medical examiner’s certificates submitted for filing must be legible and shall be submitted in a manner acceptable to the department. If the federal motor carrier safety administration has issued a medical exemption letter or skill performance evaluation certificate, the driver must have the current and valid documentation in physical possession and available upon request to a duly authorized federal, state or local enforcement official.
(7)  Any holder of a class A, B or C commercial driver’s license issued by a jurisdiction other than Idaho shall apply for an Idaho-issued commercial driver’s license within thirty (30) days of establishing a domicile in Idaho. In accordance with the federal motor carrier safety regulations, no person shall receive a class A, B or C driver’s license unless and until he surrenders to the department all driver’s licenses in his possession issued to him by Idaho or any other jurisdiction.
(8)  A person operating a vehicle that requires a class A, B or C license without a current and valid license required to drive such vehicle is guilty of a misdemeanor. Except as provided in sections 18-8001(1) and 49-304, Idaho Code, operating a vehicle without a current and valid class D driver’s license in violation of this section is an infraction punishable by a fine of one hundred fifty dollars ($150). A second conviction for operating a vehicle without a current and valid class D driver’s license within a period of five (5) years of the first conviction is an infraction punishable by a fine of three hundred dollars ($300). A third and any subsequent conviction for operating a vehicle without a current and valid class D driver’s license within a period of five (5) years of the first conviction shall be a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both.
Notes of Decisions
Cited in 40 cases (4 in the last 5 years), 1988–2025 · leading case: State v. Victor Garcia-Rodriguez, 396 P.3d 700 (Idaho 2017).
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State v. Victor Garcia-Rodriguez, 396 P.3d 700 (Idaho 2017). · cites it 16× “” That position is set forth in the State’s Affidavit in Support of Complaint or Warrant for Arrest, the State’s Memorandum Opposing Defendant’s Motion to Suppress under the heading “Basis for the Arrest,” and in the State’s Response to Defendant’s Reply to State’s Opposition to…”
State v. Alesha Ann Green, 354 P.3d 446 (Idaho 2015). · cites it 10× “Although driving without a valid license in violation of Idaho Code section 49-301 is a misdemeanor offense, according to an Idaho statute it is not an arrestable offense unless certain conditions are met, which were not met here.”
State v. Godwin, Sr., 436 P.3d 1252 (Idaho 2019). · cites it 5× “Below, the State "consistently argued that [the defendant] was arrested pursuant to Idaho Code section 49-301(1) for driving without a license" and the arresting officer "reasonably concluded" the defendant likely would not appear for court which justified his arrest under Idaho…”
State v. Henderson, 756 P.2d 1057 (Idaho 1988). · cites it 4× “§ 49-233; driver's licenses, I.C. §§ 49-301 to 49-358; obedience to traffic rules, I.”
State v. Gonzalez, 439 P.3d 1267 (Idaho 2019). “In Garcia-Rodriguez , a defendant was arrested during a traffic stop for failing to purchase a driver's license under Idaho Code sections 49-301(1) and (8). 162 Idaho at 274 , 396 P.”
State v. Islas, 443 P.3d 274 (Idaho Ct. App. 2019). · cites it 2× “The State then advanced a new argument--that there was a separate, constitutional basis for the arrest pursuant to I.C. § 49-301(1) and Virginia v. Moore , 553 U.”
State v. Wilder, 67 P.3d 839 (Idaho Ct. App. 2003). · cites it 6× “BACKGROUND Wilder was charged with driving a motor vehicle without a valid license, a misdemean- or, Idaho Code § 49-301 . Before trial, he moved to dismiss the charge, asserting that the Idaho Transportation Department had denied him a driver’s license because he would not…”
State v. Headley, 941 P.2d 311 (Idaho 1997). · cites it 6× “The Code defines “resident” for driver’s license purposes as “a person whose domicile has been within Idaho continuously for a period of at least ninety (90) days, excluding a full-time student who is a resident of another state.”
State v. Fuller, 416 P.3d 957 (Idaho 2018). “Deputy Ballman placed Fuller under arrest for violations of Idaho Code sections 49-301(1) and 49-1232 before conducting an inventory search of her vehicle.”
State v. Resendiz-Fortanel, 959 P.2d 845 (Idaho Ct. App. 1998). · cites it 8× “On appeal, the defendant argued that by exceeding the scope of his restricted driving permit, he was guilty of driving with an invalid license, I.C. § 49-301, but not guilty of driving without privileges, I.”
State v. Clifford, 939 P.2d 578 (Idaho Ct. App. 1997). · cites it 8× “Third, he asserts that even if the suspension of his driving privileges was proper, he should have been charged for a violation of I.C. § 49-301 (driving without a valid license), rather than I.”
State v. Matalamaki, 79 P.3d 162 (Idaho Ct. App. 2003). · cites it 10× “” The magistrate found Matalamaki not guilty of driving without privileges but guilty of driving with an invalid license in violation of I.C. § 49-301. Matalamaki then filed a motion to reconsider, which the magistrate denied.”
Show all 40 citing cases →
— Idaho Code § 49-301(1) — 18 cases
State v. Victor Garcia-Rodriguez, 396 P.3d 700 (Idaho 2017). “” That position is set forth in the State’s Affidavit in Support of Complaint or Warrant for Arrest, the State’s Memorandum Opposing Defendant’s Motion to Suppress under the heading “Basis for the Arrest,” and in the State’s Response to Defendant’s Reply to State’s Opposition to…”
State v. Godwin, Sr., 436 P.3d 1252 (Idaho 2019). “Below, the State "consistently argued that [the defendant] was arrested pursuant to Idaho Code section 49-301(1) for driving without a license" and the arresting officer "reasonably concluded" the defendant likely would not appear for court which justified his arrest under Idaho…”
State v. Gonzalez, 439 P.3d 1267 (Idaho 2019). “In Garcia-Rodriguez , a defendant was arrested during a traffic stop for failing to purchase a driver's license under Idaho Code sections 49-301(1) and (8). 162 Idaho at 274 , 396 P.”
State v. Islas, 443 P.3d 274 (Idaho Ct. App. 2019). “The State then advanced a new argument--that there was a separate, constitutional basis for the arrest pursuant to I.C. § 49-301(1) and Virginia v. Moore , 553 U.”
State v. Alesha Ann Green, 354 P.3d 446 (Idaho 2015). “Although driving without a valid license in violation of Idaho Code section 49-301 is a misdemeanor offense, according to an Idaho statute it is not an arrestable offense unless certain conditions are met, which were not met here.”
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