IDAHO'S

VIOLATION POINT SYSTEM

Convictions
The Idaho Transportation Department's Driver Services Section receives records for moving violations that occur both in the state of Idaho and in other states plus Canada. Each minor moving violation receives a point system value from one to four points, depending on the seriousness of the violation. Convictions and points assessed are entered on each driver's record and points are maintained for three (3) years after the conviction date.

Warning Letters
As a courtesy, drivers will be notified by a warning letter when they accumulate eight (8) to eleven (11) points in a twelve-month period, fourteen (14) to seventeen (17) points in a twenty-four month period, and twenty (20) to twenty-three (23) points in a thirty-six month period. When drivers accumulate this many points, they risk a driver's license suspension.

Defensive Driving Course
Once every three (3) years, drivers may reduce their point total by three points if they complete an approved defensive driving course. The course must be taken before a suspension for accumulation of points takes place.

The following moving violations chart shows the section of Idaho Code that applies to each violation, and lists the assessment of points for each type of moving violation. For information on point suspensions, please refer to the License/Privilege Withdrawals section.

Under the point system, the department may take the following actions against you:

Other Reasons for Suspension
Judges and the Idaho Transportation Department are authorized under state statute to suspend, disqualify, deny, cancel, refuse, or revoke the license of drivers convicted of breaking certain laws, no matter what the driver's point-system count. Those violations include:
* Driving while under the influence of alcohol or other drugs.
* Using a motor vehicle to commit a felony.
* Leaving the scene of an accident in which you were involved, when the accident caused property damage.
* Making false statements, oral or written, to the Transportation Department while under oath.
* Reckless driving.
* Conviction in another state for an offense that, if committed in Idaho, would be grounds for suspension.
* Driving with a suspended license.
* Failing to pay a judgment for damages in an accident.
* Administrative license suspension (effective 7-1-94, automatic license suspension for DUI at the time of the violation).
* Failing to pay a fine for conviction on an "infraction" charge. (Infractions are a step below misdemeanors and include such minor violations as parking tickets.)
* Illegally passing a school bus.
* Fleeing from or eluding a peace officer.
* Leaving the scene of an accident resulting in injury or death.
* Unlawful use of a driver's license or identification card.
* Failure to carry motor vehicle insurance.
* Alcohol-age violation (possession, use, or procurement).
* Violation of restriction.
* Underage possession of marijuana or drug paraphernalia.
* School districts may order the Idaho Transportation Department to suspend the driver's license and privileges of a minor who fails to attend school or does not comply with school requirements.
* Any court or the Department of Health and Welfare may order the Idaho Transportation Department to suspend the driver license and privileges of any person who fails to pay child support, fails to comply with visitation rights, or failure to comply with a subpoena for a paternity suit or child support proceeding.

Restricted Driving Permits
If your Idaho license is suspended by the department, you may qualify for a restricted permit allowing you to drive to and from work, medical treatments, etc. You may apply for a restricted permit at the Transportation Department in Boise. If you are suspended for driving under the influence of alcohol or drugs, driving without privileges, or any other court suspensions, you must apply to the court in which you were convicted. Exception: If you are a licensed Idaho driver and are convicted in an out-of-state court, you must apply to the Idaho Transportation Department in Boise.

Requirements:
* If you need a restricted permit to drive to work or on the job, you will will be required to complete a work verification form that you will be provided with upon determination of your eligibility. This form identifies your occupation; days and hours you must drive; counties and states in which you must drive; reasons you must drive; and availability of public transportation.
* If you need to drive for medical reasons, upon determination of your eligibility you will need to submit a letter from your doctor describing your need for treatment.
* Everyone must provide a valid certificate of liability insurance.
* The fee is $35.00.

Getting Your License Back
When your suspension or revocation ends, you may get your license back by applying to the Idaho Transportation Department in Boise and paying a reinstatement fee of $15.00 to $155.00, depending on the nature of the suspension. If your license was suspended for certain serious offenses, e.g. reckless driving or driving under the influence, you must also provide proof for three years that you are able to meet financial obligations arising from any accident. The usual method of proof is a certified statement of liability insurance coverage from your insurer (an SR-22 certificate). For information on other options, contact the Idaho Transportation Department in Boise at (208) 334-8736.

Serious Commercial Driver's License (CDL) Violations
If Commercial Motor Vehicle Operators commit two (2) or more serious violations within a three (3) year period while operating a commercial vehicle, their commercial operating privileges will be withdrawn. For information on periods of disqualification for serious violations, refer to the Driver's License/Privilege Withdrawal Section.

The following serious violations will be counted toward the removal of driving privileges:

Driver's License Compact
Idaho has been a member of the Driver License Compact since March 19, 1963. Membership is a major step necessary to maximize law enforcement efforts against drunk drivers and other serious traffic offenders. Serious offenses such as drunk driving, vehicle manslaughter, reckless driving, etc., are no less serious when committed in another jurisdiction than when committed in the driver's home state.

It is the policy of each member state to promote compliance with the laws, ordinances, and administrative actions regarding the operation of motor vehicles by drivers in states which are members of the compact.

Included in the compact are provisions which allow:

• Member states to report convictions on out-of-state drivers to their licensing state,
• Home states to take the same action on violations reported to them by other member states as if the violation occurred in the home state, and
• Authority to deny issuance of a driver's license if there is a suspension in another state.

Current Driver Compact Member States

Non-Resident Violator Compact
The 1991 Idaho Legislature authorized Idaho's entry into the 1977 interstate Non-Resident Violator Compact as of July 1, 1992. Idaho is the 42nd state to become a member of the NRVC, effective 10-14-92. The compact is an agreement among member states which simplifies the processing of citations issued to out-of-state traffic offenders.

The law provides for the suspension of driver's licenses in the home states of traffic violators who fail to comply with the terms of their citations.

Some of the benefits of the Non-Resident Violator Compact are:

• In many instances it allows non-resident motorists to be released on their own recognizance after the issuance of a citation,
• It allows police officers to immediately resume their normal duties, and
• In some cases it eliminates the need to appear in court.

License Suspension Procedures
If residents of NRVC member states fail to comply with the terms of their citations, their driving privileges may be suspended by their home state until the citation requirements have been met.

Not all offenses are covered under the NRVC. If the specific violation drivers are cited for does not come under the compact, and if they do not comply with the terms of their citations, they may still have their driving privileges suspended by the state of Idaho under Idaho's infraction law.

NOTE: If the driver's home state is not a member of the NRVC, his or her driving privileges may still be suspended for non-compliance by the state of Idaho under Idaho's infraction law.

Current NRVC Compact Member States