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.”

State v. Foldesi, 963 P.2d 1215 (Idaho Ct. App. 1998). · cites it 2× “Upon learning that Holloway’s driver’s license had expired, the officer arrested her for operating a motor vehicle without valid license, I.C. §§ 49-301, handcuffed her and put her in his patrol car.”

Druffel v. State, Dep't of Transp., 41 P.3d 739 (Idaho 2002). “§§ 49-301; 49-303. Further, ITD argues that the legislature clearly intended to leave the determination of restricted driving privileges to ITD.”

Hutchinson v. State, 995 P.2d 363 (Idaho Ct. App. 1999). · cites it 2× “I.C. §§ 49-301; 49-456(2). A status conference hearing was held on July 17, at which time Hutchinson argued his previously filed motion to dismiss.”

State v. Croston, 860 P.2d 674 (Idaho Ct. App. 1993). · cites it 2× “Pursuant to a plea agreement a separate DUI charge was dismissed and the charge of driving with a suspended license was reduced to driving without a license in violation of I.C. § 49-301. Croston then pled guilty to driving without a license, the misdemeanor DUI, and the seat…”

State v. Crisman, 846 P.2d 928 (Idaho Ct. App. 1992). · cites it 2× “After a trial before the magistrate, Donald Crisman was convicted of driving without a license, I.C. § 49-301, and of operating an unregistered vehicle, I.”

State v. Fanning, 791 P.2d 36 (Idaho Ct. App. 1990). · cites it 4× “” The statute lacks any mention of a requirement to use the public highways for profit. Fanning also contends that his due process rights were violated because he was not properly informed of the charge against him.”

State v. Keith L. Case, 363 P.3d 868 (Idaho Ct. App. 2015). · cites it 2× “42363); driving without obtaining a driver’s license, I.C. § 49-301(1) (Docket No. 42364); and possession of drug paraphernalia, I.”

State v. Brown, 85 P.3d 683 (Idaho Ct. App. 2004). · cites it 2× “§ 37-2734A, as well as driving without a license, I.C. § 49-301. Brown filed a motion to suppress the evidence found in his car, asserting that the search of the vehicle was not valid because his arrest had been illegal.”

State v. Taylor, 80 P.3d 338 (Idaho Ct. App. 2003). · cites it 21× “Taylor was charged with, among other things, driving without a valid license, Idaho Code § 49-301 . During his trial, Taylor sought to raise the defense that he had been unaware of the license suspension because he did not receive the notice.”

State v. Smith (Idaho Ct. App. 2025). · cites it 10× “appeals from the district court’s order, on intermediate appeal from the magistrate court, affirming the magistrate court’s judgment of conviction for violation of Idaho Code § 49-301 (1), driving without a valid driver’s license.”

State v. Victor Garcia-Rodriguez (Idaho 2017). · cites it 7× “” 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…”

Hallstrom v. City of Garden City, Id., 811 F. Supp. 1443 (D. Idaho 1991). · cites it 4× “And, Idaho Code § 49-301 (1988 and Supp. 1990), provides, in pertinent part, that: “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 valid driver’s license” (emphasis added).”

State v. Weigle (Idaho Ct. App. 2018). · cites it 6× “In that case, Garcia-Rodriguez was stopped for crossing over the fog line while exiting the interstate and was subsequently arrested for failure to purchase a driver’s license, a violation of I.C. § 49-301. Garcia-Rodriguez, 162 Idaho at 273-74 , 396 P.”

State v. Timothy Paul Harrison (Idaho Ct. App. 2017). · cites it 2× “§ 37-2734A(1); and misdemeanor driving without privileges, I.C. § 49-301(1). On the misdemeanor counts, the district court imposed 302 days in jail with credit for time served of 302 days.”

State v. Islas (Idaho Ct. App. 2018). · 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. Smith (Idaho Ct. App. 2019). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND Smith was cited for driving without a valid driver’s license in violation of Idaho Code § 49-301 (1). Smith’s driver’s license expired in 2006 and he had not renewed it.”

Edwards v. Transp. Dept (Idaho 2019). · cites it 2× “First, Matalamaki was a criminal matter involving a determination of whether driving with an invalid license, a violation of Idaho Code section 49-301, was a lesser included offense of driving without privileges under Idaho Code section 18-8001.”

Williams v. Hollinshead (Idaho 2020). · cites it 2× “14 On March 18, 2020, the Idaho Supreme Court’s Order Amending Idaho Misdemeanor Rule 13 to reduce the bail bond amount to “Book & Release” for the following misdemeanor offenses in violation of Idaho Code §§ 49-301 (no license/invalid license), 18-8001 (DWP offenses), 49-1229,…”

State v. Hill (Idaho Ct. App. 2023). · cites it 2× “In Garcia-Rodriguez, the State argued the arrest was valid under I.C. § 49-301(1), but then on appeal the State asserted a new argument that suppression is not warranted for violation of a state statute.”

Liles v. Skiles (D. Idaho 2022). · cites it 2× “CR28-20-8355 relates to a violation of Idaho Code § 49-301 (5) for having more than one driver’s license.”

Andrus v. State (Idaho Ct. App. 2024). · cites it 2× “Andrus’s amended successive petition raised a single claim: that Andrus’s trial counsel from 2014 was ineffective for failing to move to suppress evidence in his underlying criminal case pursuant to the reasoning of State v.”

State v. Islas (Idaho Ct. App. 2019). · cites it 2× “The State then 6 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. Posey (Idaho Ct. App. 2013). · cites it 2× “§ 18-8004C; failure to purchase/invalid license, I.C. § 49-301(1); transporting an open alcohol container, I.”

State v. Stephen D. L'Abbe (Idaho Ct. App. 2012). · cites it 2× “I.C. § 49-301. Thus, the magistrate court had jurisdiction to try Wilder in this proceeding.”

State v. Chad Stuart Ritchie (Idaho Ct. App. 2013). · cites it 2× “§ 19-2520; and driving without obtaining a driver’s license, I.C. § 49-301. The state subsequently alleged Ritchie was a persistent violator of the law, I.”

— 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. 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.”

State v. Resendiz-Fortanel, 959 P.2d 845 (Idaho Ct. App. 1998). “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. Keith L. Case, 363 P.3d 868 (Idaho Ct. App. 2015). “42363); driving without obtaining a driver’s license, I.C. § 49-301(1) (Docket No. 42364); and possession of drug paraphernalia, I.”

State v. Smith (Idaho Ct. App. 2025). “appeals from the district court’s order, on intermediate appeal from the magistrate court, affirming the magistrate court’s judgment of conviction for violation of Idaho Code § 49-301 (1), driving without a valid driver’s license.”

State v. Victor Garcia-Rodriguez (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. Taylor, 80 P.3d 338 (Idaho Ct. App. 2003). “Taylor was charged with, among other things, driving without a valid license, Idaho Code § 49-301 . During his trial, Taylor sought to raise the defense that he had been unaware of the license suspension because he did not receive the notice.”

State v. Timothy Paul Harrison (Idaho Ct. App. 2017). “§ 37-2734A(1); and misdemeanor driving without privileges, I.C. § 49-301(1). On the misdemeanor counts, the district court imposed 302 days in jail with credit for time served of 302 days.”

State v. Weigle (Idaho Ct. App. 2018). “In that case, Garcia-Rodriguez was stopped for crossing over the fog line while exiting the interstate and was subsequently arrested for failure to purchase a driver’s license, a violation of I.C. § 49-301. Garcia-Rodriguez, 162 Idaho at 273-74 , 396 P.”

State v. Islas (Idaho Ct. App. 2018). “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. Hill (Idaho Ct. App. 2023). “In Garcia-Rodriguez, the State argued the arrest was valid under I.C. § 49-301(1), but then on appeal the State asserted a new argument that suppression is not warranted for violation of a state statute.”

State v. Islas (Idaho Ct. App. 2019). “The State then 6 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. Posey (Idaho Ct. App. 2013). “§ 18-8004C; failure to purchase/invalid license, I.C. § 49-301(1); transporting an open alcohol container, I.”

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