Driving after a DUI in Idaho: the Restricted Driving Permit (RDP)
In Idaho, a first-offense DUI driver can, in some cases, apply for a Restricted Driving Permit (RDP) after 30 days with no driving privilege. A court or the licensing agency issues it. An ignition interlock is not required; an SR-22 filing is required in some cases; DUI-program participation is not required. The deadline to request a hearing on the administrative suspension is 7 calendar days from the notice.
Most states let a first-offense DUI driver back on the road before the suspension ends — under a restricted privilege that goes by a different name in almost every state, that usually starts only after a set number of days with no driving at all, and that comes with its own conditions. The rules below are the ones the Idaho Transportation Department (ITD), Division of Motor Vehicles – Driver Services state, each quoted from the source.
Also called: restricted noncommercial vehicle driving privileges (Idaho Code § 18-8002A(9), administrative license suspension); restricted driving privileges (Idaho Code § 18-8005(1)(d), court-granted after conviction).
The first days: the administrative suspension and the hearing deadline
In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.
| Deadline to request the hearing | 7 calendar days |
|---|---|
| Temporary driving permit after arrest | 30 days |
| Where to request it | itd.idaho.gov |
ITD calls the officer-served form the 'Notice of Suspension for Failure of Evidentiary Testing' (goldenrod copy). Idaho Code § 18-8002A(7) requires a written hearing request received by the department within seven (7) calendar days of the date of service, stating the issues to be raised; ITD's FAQ says the request must include at least name, license number and daytime phone number and may be emailed to [email protected] or mailed to ITD Driver Services, PO Box 7129, Boise, ID 83707-1129. No hearing fee is stated. The suspension becomes effective 30 days after service of the notice (§ 18-8002A(4)(b)); if no hearing is requested within 7 days the right to contest the suspension is waived (§ 18-8002A(4)(b)(v)). The hearing covers only the suspension, not the interlock requirement, and the hearing is held within 20 days of receipt of the request. For a refusal, § 18-8002(4)(c) allows a
“The request for hearing shall be in writing and must be received by the department within seven (7) calendar days of the date of service upon the person of the notice of suspension and notice of the requirement to install the ignition interlock system”
Who can get it, and how soon
| After a first DUI | Available in some first-offense cases |
|---|---|
| Days before eligible — test failure | 30 days |
| Days before eligible — test refusal | not stated |
| Issued by | A court or the licensing agency |
For a first administrative license suspension (ALS) after a failed evidentiary test, ITD states the first 30 days of the 90-day suspension are absolute and the remaining 60 days are available for a Restricted Driving Permit; a second ALS within five years is a one-year suspension with no restricted permit, and a first refusal is a one-year suspension with no eligibility for a Restricted Driving Permit. The ITD 3227 application also excludes applicants issued an RDP within the last 2 years for a similar offense or suspended three or more times within three years, and the permit does not allow operation of a commercial motor vehicle.
“The first offence is 90 days, the first 30 days are a mandatory suspension. The next 60 days are available for a restricted driving permit. The second offence within 5 years is a one-year suspension with no restricted permit allowed.”
Idaho Code § 18-8002A(4)(a)(i): the 90-day suspension for a first failure of evidentiary testing is absolute for its first 30 days, with restricted noncommercial driving privileges available during the remaining 60 days; the suspension itself becomes effective 30 days after service of the notice (§ 18-8002A(4)(b)). The RDP request may be made at any time after service of the notice, to become effective after the 30-day absolute period. For a first refusal, § 18-8002(4)(d) provides a one-year suspension 'during which time he shall have absolutely no driving privileges of any kind', so no RDP waiting period exists. Conviction track: § 18-8005(1)(d) imposes a court suspension whose first 30 days are absolute, followed by 60 to 150 days during which the defendant may request restricted driving privileges from the court.
“The first thirty (30) days of the suspension shall be absolute and the person shall have absolutely no driving privileges of any kind. Restricted noncommercial vehicle driving privileges applicable during the remaining sixty (60) days of the suspension may be requested”
Conditions attached to the privilege
| Ignition interlock | Not required — Idaho interlock rule |
|---|---|
| SR-22 / financial-responsibility filing | Required in some cases · 3 years on file — details |
| DUI program / education | Not required |
| Fee for the privilege | $60 |
| Full reinstatement later | fee $285; SR-22 Yes — reinstatement steps |
ITD form 3227 lists the items that must be submitted with the RDP application: proof of valid motor vehicle liability insurance (SR-22 if required) in the applicant's name; a signed Driver's Agreement (ITD 3238); Work and/or School Verification (ITD 3208) completed by the employer or school administrator if seeking permission to drive for work or school; all reinstatement fees (ITD states the $245 ALS reinstatement fee must be paid before ITD can issue an RDP); and the $60.00 restricted driving permit fee. The form states applicants must have completed mandatory suspension periods, must be an Idaho resident with a non-expired license, and that the permit will not allow operation of a commercial motor vehicle; processing takes 3 to 5 business days. The application lists no ignition interlock or alcohol-education item; ITD states the ALS ignition interlock requirement runs for one year beg
“Restricted driving permits (RDP) are issued only to applicants who meet all eligibility requirements. Applicants must have completed mandatory suspension periods. Incomplete applications will not be accepted.”
Where and when it allows driving
Under Idaho Code § 18-8002A(9), the ALS restricted privileges are issued to travel to and from work and for work purposes not involving a commercial vehicle, to attend an alternative high school, work on a GED, for postsecondary education, or to meet the medical needs of the person or his family; no commercial motor vehicle operation. The ITD Driver's Agreement (ITD 3238) requires operating a vehicle only for the reasons specified on the permit and not after consuming any alcohol or drugs. Court-granted privileges after conviction (§ 18-8005(1)(d)) are limited to driving necessary for employment or family health needs.
“for the person to travel to and from work and for work purposes not involving operation of a commercial vehicle, to attend an alternative high school, work on a GED, for postsecondary education, or to meet the medical needs of the person or his family”
How it is issued
A court or the licensing agency issues the Restricted Driving Permit (RDP).
Official page: itd.idaho.gov
The statute: Idaho Code § 18-8002A(9)
“A person served with a notice of suspension for ninety (90) days pursuant to this section may apply to the department for restricted noncommercial vehicle driving privileges, to become effective after the thirty (30) day absolute suspension has been completed.”
Questions about driving after a DUI in Idaho
- How soon after a first failed test in Idaho can a Restricted Driving Permit take effect?
- Under Idaho Code § 18-8002A(4)(a)(i), the first 30 days of the 90-day administrative license suspension are absolute, with no driving privileges of any kind; restricted noncommercial driving privileges apply during the remaining 60 days. ITD states the request (form ITD 3227) may be made at any time after service of the notice and the $245 ALS reinstatement fee must be paid before the permit is issued.
- What is the deadline to contest an Idaho administrative license suspension?
- Idaho Code § 18-8002A(7) requires a written hearing request received by the Idaho Transportation Department within seven calendar days of the date of service of the notice of suspension. ITD's page states the suspension begins 30 days after the date on the notice and that the right to contest is waived if no hearing is requested in time.
- Is a Restricted Driving Permit available after a first refusal in Idaho?
- No. ITD states a first refusal results in a one-year suspension with no eligibility for a Restricted Driving Permit, and Idaho Code § 18-8002(4)(d) provides that during the one-year refusal suspension the driver has absolutely no driving privileges of any kind. A hearing on a refusal may be requested from the court within seven calendar days.
Sources
- ITD – Driver Records and Suspensions (DUI, ALS timeline, Restricted Driving Permit, hearing request FAQ, fees)
- ITD form 3227 – Restricted Driving Permit Application, with Driver's Agreement (ITD 3238) and Work/School Verification (ITD 3208) (PDF, Rev. 4/24)
- Idaho Code § 18-8002A – Tests of driver for alcohol concentration; ALS suspension, administrative hearing, restricted noncommercial driving privileges (Idaho Le
- Idaho Code § 18-8002 – Refusal of evidentiary testing; one-year absolute suspension; court hearing within seven calendar days (Idaho Legislature)
- Idaho Code § 18-8005 – Penalties; 30-day absolute court suspension and court-granted restricted driving privileges after conviction (Idaho Legislature)
- ITD Driver's Manual, Chapter 8 – How to Protect Your Driving Privilege (PDF)