Idaho Code
Idaho Code § 49-325 (2026)
Mandatory revocation by department — Temporary restricted permit.
✓ current as of May 2026
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Mandatory revocation by department — Temporary restricted permit.
(1) The department shall revoke the operating privilege of any driver upon receiving a record of the person’s conviction of any of the following offenses, when the conviction has become final, if the court has not ordered the suspension or revocation of the privilege:
(a) Vehicular manslaughter;
(b) Any felony in the commission of which a motor vehicle is used, except that a court of competent jurisdiction shall have exclusive authority to suspend or revoke operating privileges upon conviction of a violation of the provisions of section 18-8004 or 18-8006, Idaho Code;
(c) Perjury or the making of a false affidavit or statement under oath to the department under any law relating to the ownership or operation of motor vehicles;
(d) Conviction, or forfeiture of bail, upon three (3) charges of reckless driving committed within a period of twelve (12) months;
(e) Conviction of a violation of the provisions of section 49-1301, Idaho Code. Revocation in this event shall be for a period of not less than one (1) year.
(2) Whenever any driver’s license, permit or operating privilege has been revoked by the department on the basis of subsections (1)(b) through (1)(e) of this section, the department may issue a temporary restricted permit, except when restricted operating privileges are specifically prohibited by other provisions of law.
(a) A temporary restricted permit shall specify the restrictions as to time and area of use and any further restrictions as the department, in its discretion, may impose.
(b) A temporary restricted permit may be issued to grant noncommercial driving privileges, but no temporary restricted permit shall be issued which grants driving privileges to operate a commercial motor vehicle.
Notes of Decisions
Cited in 3
cases, 1992–2007 · leading case: State v. Edghill, 999 P.2d 255 (Idaho Ct. App. 2000).
State v. Edghill, 999 P.2d 255 (Idaho Ct. App. 2000). “" See and compare I.C. §§ 49-325, -326. The word "suspension" connotes an interruption, postponement, or temporary discontinuance, but with an expectation of resumption.”
Cafferty v. State, Dept. of Transp., 160 P.3d 763 (Idaho 2007). “I.C. § 49-325(l)(b). DMV has the authority to suspend licenses when a court fails to order a mandatory suspension.”
State v. Howard, 830 P.2d 520 (Idaho 1992). “It should be noted, however, that under the provisions of I.C. § 49-325(1), the Idaho Transportation Department has the authority to revoke the driving privileges of an individual convicted of I.”
— Idaho Code § 49-325(1) — 1 case
State v. Howard, 830 P.2d 520 (Idaho 1992). “It should be noted, however, that under the provisions of I.C. § 49-325(1), the Idaho Transportation Department has the authority to revoke the driving privileges of an individual convicted of I.”
— Idaho Code § 49-325(l)(b) — 1 case
Cafferty v. State, Dept. of Transp., 160 P.3d 763 (Idaho 2007). “I.C. § 49-325(l)(b). DMV has the authority to suspend licenses when a court fails to order a mandatory suspension.”
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