License Suspension Defense in Boise & the Treasure Valley
A suspended license affects everything, your job, your family, your independence. We fight administrative and criminal actions that threaten your ability to drive.
Past results do not guarantee future outcomes. Every case is unique.
"These guys are the real deal. They know the courtroom inside and out. Worth every penny."
– Dylan S.
Rape
Reduced to Misdemeanor
Aggravated Battery
Acquittal
Felony Domestic Violence
Acquittal
Possession of Stolen Firearm
Acquittal
In Idaho, your driver's license can be suspended through two independent processes: administrative suspension by the Idaho Transportation Department (ITD) and criminal suspension ordered by the courts. Understanding how both processes work is essential to protecting your driving privileges, because the outcome of one does not determine the outcome of the other.
Administrative suspension is the most common path to losing your license after a DUI arrest. Under Idaho Code § 18-8002A, the Idaho Transportation Department can suspend your license independently of any criminal case. After a DUI arrest, if you fail the evidentiary test, ITD will initiate a 90-day administrative suspension. If you refuse the test, the administrative suspension is one full year. You have only 7 calendar days after the arrest to request an administrative hearing to challenge this suspension: missing this deadline means automatic suspension regardless of what happens in your criminal case.
Criminal suspension occurs when a court orders your license suspended as part of a criminal sentence. Courts routinely impose license suspensions for DUI convictions, reckless driving, and other traffic-related criminal offenses. The suspension periods vary depending on the offense and your prior record, and they are imposed in addition to any administrative suspension already in effect.
Idaho also has a points-based suspension system. Accumulating too many points on your driving record within a specified period can trigger a suspension by the Idaho Transportation Department, even without a DUI or other criminal offense. Additionally, driving without privileges under Idaho Code § 18-8001 is itself a criminal offense: a misdemeanor for first and second offenses, and a felony for a third offense within five years. This means that driving on a suspended license can create new criminal charges that further compound your legal problems.
Because the administrative and criminal processes are completely independent, it is possible to win one and lose the other. A comprehensive defense strategy must address both proceedings simultaneously to give you the best chance of keeping your license.
If your license has been suspended or you are facing suspension in Idaho, act quickly to protect your driving privileges. Call us at (208) 336-3600 today.
Idaho law gives you just seven calendar days after a DUI arrest to request an administrative hearing with the Idaho Transportation Department. Missing this deadline means automatic license suspension, regardless of the outcome of your criminal case. Contact Idaho Defense Firm immediately to protect your driving privileges.
The penalties for driving on a suspended license in Idaho escalate rapidly with each offense, and certain DUI-related suspensions carry their own mandatory periods and requirements. Below is an overview of the penalties and consequences you may face.
Driving Without Privileges: First Offense (Misdemeanor): A first offense for driving without privileges under Idaho Code § 18-8001 is a misdemeanor. The penalties include up to 6 months in jail, a fine of up to $1,000, and an additional license suspension period added on top of the existing suspension. Even a first offense creates a criminal record and signals to the court that you are not complying with the terms of your suspension.
Driving Without Privileges: Second Offense (Misdemeanor): A second offense remains a misdemeanor but carries significantly harsher penalties: a mandatory minimum of 20 days in jail (with a maximum of up to 1 year), a fine of up to $2,000, and further extension of your license suspension. The mandatory minimum jail time means the judge has no discretion to impose a lesser sentence: you will serve at least 20 days regardless of the circumstances.
Driving Without Privileges: Third Offense Within 5 Years (Felony): A third conviction for driving without privileges within five years is elevated to a felony under Idaho law. The penalties are severe: 1 to 5 years in state prison, a fine of up to $3,000, and an extended license suspension that may last years. A felony conviction also carries lasting collateral consequences including loss of voting rights, difficulty finding employment, and restrictions on firearm possession.
DUI-Related Suspension Periods: For a first DUI conviction, the license suspension is 90 days with a 30-day absolute no-driving period. For a second DUI conviction, the suspension increases to one full year. A third DUI conviction: which is charged as a felony in Idaho: carries a suspension of 1 to 5 years. Refusal of evidentiary testing after a DUI arrest triggers an automatic 1-year administrative suspension under Idaho Code § 18-8002A, regardless of whether criminal charges are ultimately filed or resolved.
Restricted Driving Permits: In some cases, Idaho allows restricted driving permits for travel to work, school, or medical appointments. Eligibility depends on the type of suspension and your driving history. Restricted permits are not available during the absolute suspension period, and certain offenses: including test refusal and repeat DUI: may limit your eligibility. The court or ITD must approve any restricted permit, and violating the terms of a restricted permit can result in additional criminal charges. Our attorneys have a track record of helping clients retain or restore their driving privileges.
SR-22 Insurance Requirements: After certain suspensions: particularly DUI-related suspensions: Idaho requires you to file an SR-22 certificate of financial responsibility with the Idaho Transportation Department. You must maintain SR-22 insurance for a period of 3 years before your license can be fully reinstated. SR-22 insurance is significantly more expensive than standard auto insurance, and any lapse in coverage during the 3-year period will trigger an automatic re-suspension of your license.
Talk directly with a senior criminal defense attorney about your license suspension case.
Serious Defense. Real Experience.
Decades of defending clients against DUI and license suspension cases in Idaho courts.
We handle both ITD administrative hearings and criminal court proceedings, protecting your license on all fronts.
Most license suspensions stem from DUI arrests. Our extensive DUI defense experience directly benefits your license case.
Your case is handled personally by a senior attorney. No hand-offs, no associates.
Facing License Suspension charges? Get answers now.
For a first DUI conviction in Idaho, the court-ordered license suspension is 90 days, with a 30-day absolute no-driving period during which no restricted permit is available. For an administrative suspension triggered by failing evidentiary testing after a DUI arrest, the suspension is also 90 days under Idaho Code § 18-8002A. If you refused the evidentiary test, the administrative suspension jumps to one full year. It is important to understand that the administrative and criminal suspensions are separate proceedings, you can face both simultaneously, and winning one does not guarantee winning the other. An experienced defense attorney can challenge both the administrative and criminal suspension to protect your driving privileges.
In some cases, Idaho allows restricted driving permits that let you drive to work, school, or medical appointments after the absolute suspension period has passed. Eligibility depends on the type of suspension, your overall driving history, and whether the court or the Idaho Transportation Department approves the restriction. Not all suspensions qualify for restricted permits, for example, certain repeat DUI offenders and those who refused evidentiary testing may face longer absolute no-driving periods before becoming eligible. An attorney experienced in Idaho license suspension cases can evaluate your situation and pursue a restricted permit on your behalf.
Driving without privileges is a criminal offense in Idaho under Idaho Code § 18-8001. A first offense is a misdemeanor carrying up to six months in jail, up to a $1,000 fine, and an additional period of license suspension. A second offense remains a misdemeanor but carries a mandatory minimum of 20 days in jail. A third offense within five years is elevated to a felony, punishable by one to five years in state prison, up to a $3,000 fine, and an extended license suspension. Each subsequent offense compounds the penalties and makes it harder to regain your driving privileges.
Under Idaho Code § 18-8002A, you have only seven calendar days after a DUI arrest to request an administrative hearing with the Idaho Transportation Department to challenge the suspension of your license. This deadline is absolute, if you miss it, the administrative suspension takes effect automatically regardless of the outcome of your criminal case. The administrative hearing is separate from your criminal proceedings and provides an opportunity to challenge the legality of the traffic stop, the arrest, and the testing procedures. Contact Idaho Defense Firm immediately after a DUI arrest to ensure this critical deadline is not missed.
A Career Dedicated to Criminal Defense
Attorney
With over 20 years of criminal defense experience, Attorney Barnum has handled countless license suspension and DUI cases in Idaho. He understands both the administrative and criminal processes and fights to protect your driving privileges on all fronts.
Attorney
Attorney Wilkerson brings over 15 years of criminal defense experience, including ten years handling felony and misdemeanor caseloads, including DUI and license-related cases. His familiarity with Idaho's administrative hearing process gives clients a strategic advantage.
We handle a wide range of criminal defense cases across the Treasure Valley.
Call (208) 336-3600 to start your defense today. Your case is handled directly by a senior attorney, no hand-offs, no associates.
Real People. Real Cases. Real Results.
"Shawn Wilkerson is a phenomenal attorney. He fought for me when I thought all hope was lost. I can't recommend him enough."
E F.
Google Review
"Compassionate and fierce. They treated me like a person, not a case number. Five stars is not enough."
Ava R.
Google Review
"If you need a criminal defense lawyer in Boise, stop looking. Barnum and Wilkerson are the best in the valley."
Derek L.
Google Review
Every criminal case is different. Contact Idaho Defense Firm to discuss your situation directly with a senior attorney. With over 40 years of combined criminal defense experience in Idaho's state and federal courts, we can help you understand your options and build a defense strategy tailored to your case.
