Idaho Code
Idaho Code

Idaho Code § 49-316 (2026)

Driver’s license to be carried and exhibited on demand. 

✓ current as of May 2026
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Driver’s license to be carried and exhibited on demand. 

Every licensee shall have his driver’s license in his immediate possession at all times when operating a motor vehicle and shall, upon demand, surrender the driver’s license into the hands of a peace officer for his inspection. However, no person charged with a violation of the provisions of this section shall be convicted if a driver’s license issued to the person and valid at the time of his arrest is produced in court.

Notes of Decisions
Cited in 23 cases (5 in the last 5 years), 1973–2025 · leading case: State v. Godwin, 826 P.2d 452 (Idaho 1992).
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State v. Godwin, 826 P.2d 452 (Idaho 1992). · cites it 8× “Also, as in Ellenbecker , I.C. § 49-316 [1] requires a driver to surrender a driver's *457 license to a police officer upon demand.”
State v. Matthew Elliot Cohagan, 404 P.3d 659 (Idaho 2017). · cites it 2× “§ 49-316 requires a driver to surrender a driver’s license to a police officer upon demand and that the statutory authority for police to demand a driver’s license would mean little *725 if the police could not cheek the validity of the license. Id. (internal quotation,…”
State v. Osborne, 826 P.2d 481 (Idaho Ct. App. 1991). · cites it 6× “” However, a field officer is not permitted to randomly stop motorists for the purpose of conducting routine license checks. As noted by the United States Supreme Court, To insist neither upon an appropriate factual basis for suspicion directed at a particular automobile nor…”
State v. Page, 103 P.3d 454 (Idaho 2004). · cites it 2× “First, the Court in Godwin was heavily influenced by the fact that I.C. § 49-316 requires a driver to surrender a driver’s license to a police officer upon demand and that “[t]he statutory authority for police to demand a driver’s license would mean little if the police could…”
State v. Tyson Michael Pieper, 418 P.3d 1241 (Idaho Ct. App. 2018). · cites it 2× “§ 18-705, which prohibits resisting or obstructing an officer's lawful investigation, and/or I.C. § 49-316, which requires a driver to surrender a driver's license to a police officer upon demand.”
State v. Martinez, 34 P.3d 1119 (Idaho Ct. App. 2001). · cites it 2× “Godwin also determined that the government’s interest was implicitly recognized by I.C. § 49-316, which requires Idaho drivers to surrender their licenses on demand to the police.”
State v. Pick, 861 P.2d 1266 (Idaho Ct. App. 1993). · cites it 2× “See I.C. § 49-316. She asserts that two separate statutes, I.”
Susan Hallstrom Robert Hallstrom v. City of Garden City Randy W. Snapp Sgt. Thurston Vaughn Killeen, Sheriff Mike Roberts, 991 F.2d 1473 (9th Cir. 1993). “Idaho Code §§ 49-316 (formerly § 49-319), 49-236 (1988 & Supp.”
Kinney v. Smith, 508 P.2d 1234 (Idaho 1973). · cites it 2× “I.C. § 49-316 (requiring driver’s license examinees to demonstrate “ability to exercise ordinary and reasonable control in the operation of a motor vehicle”).”
State v. Godwin, 826 P.2d 478 (Idaho Ct. App. 1991). · cites it 2× “At the time Deputy Barbieri asked Godwin to produce his driver’s license, I.C. § 49-316 provided: Every licensee shall have his operator’s or chauffeur’s license in his immediate possession at all times when operating a motor vehicle and shall, upon demand, surrender the license…”
State v. Reed, 927 P.2d 893 (Idaho Ct. App. 1996). · cites it 2× “The officer was statutorily authorized, pursuant to I.C. §§ 49-316 and 49-1232, to request that Reed exhibit his driver’s license and certificate of liability insurance.”
State v. Landreth, 88 P.3d 1226 (Idaho Ct. App. 2004). · cites it 2× “The Supreme Court held that: a limited seizure occurred when the deputy took -Godwin’s license and told him to remain in his vehicle; substantial public interests, including the officer’s need to positively identify the person with whom he was dealing, outweighed the minimal…”
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