What Happens If You're Caught Driving on a Suspended License After a DUI in Idaho?

A DUI conviction in Idaho doesn't just end with the court hearing. One of the most immediate and disruptive penalties is the suspension of your driver's license. But what if you decide to drive anyway? Whether out of necessity or misunderstanding, driving on a suspended license—especially one suspended due to a DUI—can bring serious legal consequences and complicate your situation further.

This post explains what it means to drive on a suspended license in Idaho after a DUI, what the penalties are, how it impacts your criminal record, and what options exist if you're struggling to stay compliant.

Why DUI Convictions Lead to License Suspension

In Idaho, license suspension is a mandatory administrative and criminal consequence of a DUI conviction. Here's how it typically works:

• First-time DUI: Minimum 90-day suspension (with at least 30 days absolute).

• Second DUI (within 10 years): One-year suspension.

• Third DUI: Often results in felony charges with multi-year revocation.

In addition to the court-ordered suspension, Idaho's Department of Transportation can impose its own administrative suspension, particularly if you refused a breath or blood test.

Until your suspension period ends and you take the necessary steps to reinstate your license—including paying fees, filing SR-22 insurance, and potentially installing an ignition interlock device—you are not legally allowed to drive.

What Constitutes Driving on a Suspended License?

Under Idaho Code § 18-8001, it is unlawful to drive a motor vehicle when your license has been suspended, revoked, or disqualified. This applies whether you were aware of the suspension or not—although knowledge of the suspension can affect sentencing.

This is particularly serious if the suspension was the result of a DUI. Idaho courts treat this as a separate criminal offense, not merely a traffic violation.

Penalties for Driving on a Suspended License (Due to DUI)

If you're caught driving on a DUI-related suspended license, the penalties are more severe than those for a general license suspension. Here's what you might face:

First Offense (Misdemeanor)

• Up to 6 months jail time

• Fines up to $1,000

• Court costs and administrative fees

Second or Subsequent Offenses

• Longer jail time

• Higher fines

Driving on a DUI-suspended license is not viewed as a mistake—it's treated as an intentional disregard for court orders and public safety. Until 2019, driving on a suspended license had mandatory jail time of 2 days for a first offense and 20 for a second. In the 90s, your third offense of driving on a suspended license was a felony! While these requirements are no longer in place under the current code, some of the older Judges will still give actual jail time or higher fines for subsequent offenses.

Arrest and Vehicle Impoundment

In many Idaho jurisdictions, including Boise, law enforcement officers will arrest the driver on the spot if they determine the individual is driving with a suspended license due to DUI. The vehicle may also be impounded, leading to additional towing and storage fees.

You'll likely spend at least one night in jail and be required to post bail or appear in court to be released. This can create significant disruptions in your life, especially when trying to maintain employment or family responsibilities after a DUI conviction.

How It Affects Your DUI Case and Criminal Record

Driving on a suspended license after a DUI can:

• Invalidate any plea agreement in the original DUI case if you had a withheld judgment and lead to you being re-sentenced by the Court

• Result in harsher sentencing if the original DUI case is still pending

• Make it harder to obtain a withheld judgment, which allows for eventual dismissal

• Be considered a probation violation, leading to reinstatement of suspended jail time

Moreover, a conviction for driving on a suspended license becomes a new misdemeanor offense on your criminal record. This can further affect your job prospects, insurance rates, and ability to reinstate your license in the future.

Are There Legal Defenses?

While it's difficult to fight a driving-on-suspended-license charge if you were clearly behind the wheel, some legal defenses may apply:

• Lack of notice: If you genuinely did not know your license was suspended, and the state can't prove otherwise, this could mitigate the charges.

• Emergency situation: In rare cases, driving for a legitimate emergency (e.g., medical crisis) may lead to reduced penalties.

• Administrative error: If your license was wrongly flagged as suspended due to a clerical mistake, documentation can clear up the matter.

Still, these defenses depend heavily on documentation and the circumstances of your arrest.

Alternatives to Risking It

If you need to get to work, school, or medical appointments, Idaho does offer restricted licenses in certain cases—though not typically during an absolute suspension. Once eligible, you may apply for limited driving privileges, provided you install an ignition interlock device and meet other conditions.

Alternatives like carpooling, public transit, bike commuting, or rideshare services—though not always ideal—are much safer and legally sound options than risking jail time and additional charges.

Final Thoughts

Driving on a suspended license in Idaho, especially when that suspension stems from a DUI, is a serious offense that compounds your legal troubles and delays your path to recovery. Even one drive to the store or a short commute to work can result in arrest, extended suspension, and even jail time.

If your license is suspended, the best approach is strict compliance. Use legal transportation options until you are fully reinstated. The temporary inconvenience far outweighs the long-term costs of another conviction. Understanding and respecting Idaho's DUI and license laws is not just a legal obligation—it's a step toward rebuilding your freedom and credibility on the road.