Some Idaho DUI-related suspensions allow limited driving after a mandatory period with no driving at all. The details depend on who imposed the suspension.

  • If the suspension is a first 90-day administrative license suspension after a failed evidentiary test, the application ordinarily goes to the Idaho Transportation Department.
  • If the suspension was imposed by a criminal court after a DUI conviction, the request ordinarily goes to the court.

Using the wrong application or sending it to the wrong place can delay lawful driving. A restricted driving permit is also not automatic, and it never authorizes driving beyond the purposes, places, days, or hours stated on the permit.

First Identify Which Suspension You Have

Suspension Decision-maker When restricted driving may begin Where to apply
First failed-test ALS: 90 days ITD After the first 30 days of absolute suspension, if eligible ITD, using its current RDP packet
Second or later failed-test ALS within 5 years ITD No ordinary restricted privileges during the 1-year suspension No ordinary ITD RDP
First standard DUI conviction Criminal court After the 30-day absolute period, during the additional 60–150 days, if the judge approves The court that imposed the suspension
Test refusal Court No ordinary restricted privileges during the 1- or 2-year refusal suspension Narrow problem-solving-court exception only

Other charges—including excessive, repeat, aggravated, felony, and underage DUI—can have different license rules. Review the actual suspension notice and court order rather than assuming the first-offense process applies.

ITD Permit After a First Failed-Test ALS

Idaho Code section 18-8002A provides a 90-day suspension for a first failed evidentiary test. The first 30 days are absolute, with no driving privileges of any kind. An eligible driver may apply to ITD for restricted noncommercial driving during the remaining 60 days.

The request may be submitted any time after service of the ALS notice, but the permit cannot become effective until the 30-day absolute period has been completed. Applying early can leave time to correct an incomplete packet.

Section 18-8002A identifies travel to and from work and for work purposes, qualifying education, and medical needs of the driver or family as permitted purposes. Current ITD rules also allow the department to specify limits involving work, school, medical appointments, treatment programs, and basic necessities. The actual permit controls.

For the underlying failed-test process and seven-day hearing deadline, read our Idaho administrative license suspension guide.

Current ITD Application Checklist

ITD’s current application packet is Form ITD 3227. The packet and IDAPA 39.02.70 identify the following core requirements:

  1. A completed Restricted Driving Permit Application, ITD 3227.
  2. A signed Driver’s Agreement, ITD 3238, included in the packet.
  3. Proof of valid motor-vehicle liability insurance in the applicant’s name, including an SR-22 if ITD requires one.
  4. Work or school verification on ITD 3208 when requesting those privileges.
  5. Documentation supporting a medical need when that is the basis for the request.
  6. Satisfaction of applicable reinstatement requirements and fees.
  7. The nonrefundable permit fee.

ITD currently lists a $60 restricted-driving-permit fee and a $245 ALS reinstatement fee. Confirm current amounts through the ITD driver-records and suspensions page before paying.

The current packet may be sent to:

Idaho Transportation Department
DMV Operations — Restricted Permits
PO Box 34
Boise, ID 83707-0034
RDPermits@itd.idaho.gov

The form currently asks applicants to allow three to five business days for processing, not including mailing time. That is an estimate, not permission to drive. The driver must physically possess the issued permit before driving under it.

Court Permit After a First DUI Conviction

For a first standard DUI conviction under Idaho Code section 18-8005(1), the court must impose:

  • 30 days of absolute suspension, during which no driving privileges may be granted; followed by
  • an additional suspension of at least 60 and no more than 150 days.

During that additional period, the driver may ask the court for restricted privileges. The judge may grant the request if the driver proves by a preponderance of the evidence that driving is necessary for employment or family health needs.

The ITD 3227 packet is not a substitute for a court request. ITD’s current public guidance directs a person seeking a permit during a DUI court suspension to apply through the clerk of the court using the court case number. Idaho Misdemeanor Criminal Rule 9.1 authorizes a court, where allowed by law, to issue a temporary restricted license and send a certified copy to ITD.

Local filing procedures can vary. The request should clearly identify:

  • the suspension order and case number;
  • the date the absolute period ends;
  • the specific employment or family-health need;
  • requested days, hours, destinations, and routes; and
  • supporting documents such as an employer letter, work schedule, or medical information.

The court has discretion. Showing inconvenience alone is not the same as proving the statutory need.

Who May Be Ineligible for an ITD Permit?

Idaho law, the current ITD application, and IDAPA 39.02.70 contain several eligibility limits. Examples include:

  • a second or later failed-test ALS within five years;
  • three or more suspensions or revocations during the preceding three-year period;
  • an RDP for a like offense within the preceding two years;
  • a prior violation of a court- or department-issued permit;
  • being under age 17 when the permit would be issued;
  • another active suspension or revocation that blocks issuance; or
  • failure to satisfy insurance, documentation, fee, or other reinstatement requirements.

That list is not exhaustive. The ITD packet asks questions that must be answered based on the applicant’s complete driving record.

Refusal Suspensions Usually Do Not Qualify

A first refusal of evidentiary testing ordinarily results in a one-year absolute suspension, and a second refusal within 10 years ordinarily results in a two-year absolute suspension. Neither has an ordinary hardship-permit option.

There is a narrow statutory exception for a participant in good standing in an approved drug court, mental health court, or similar qualifying problem-solving court. After at least 45 days of absolute suspension—and with an ignition interlock and proof of financial responsibility—the program’s presiding judge may grant restricted noncommercial privileges for work, school, or an alcohol-treatment program.

See our Idaho implied-consent and refusal guide for the separate seven-day court-hearing deadline.

The Permit’s Restrictions Are Enforceable

ITD may restrict:

  • the days and hours a person may drive;
  • the geographic area;
  • the vehicle or class of vehicle; and
  • the specific purpose of each trip.

An RDP does not authorize operation of a commercial motor vehicle. The driver must maintain required insurance, obey all traffic laws, and drive only for the reasons listed on the permit.

Under ITD’s current written agreement, a permit holder must also report specified arrests, citations, accidents, warnings, and changes of address, phone number, or employment to the department within one business day. A violation of the agreement or permit restrictions can lead ITD to cancel the permit and reactivate the underlying suspension.

A Practical Application Plan

  1. Get the exact record. Identify every active ITD and court suspension, the start and end dates, and outstanding requirements.
  2. Calendar the absolute period. Do not drive during any period in which the order prohibits all privileges.
  3. Use the correct route. Apply to ITD for an ALS-based permit and to the sentencing court for a court-based permit.
  4. Document the need. Provide specific schedules, destinations, and proof rather than a general statement that driving would be helpful.
  5. Resolve prerequisites. Address insurance, SR-22 and reinstatement, fees, and any other active withdrawal.
  6. Wait for the issued permit. An application, payment receipt, or verbal assurance is not a permit.
  7. Carry and follow it. Keep the permit and any required schedule with you and remain inside every stated limit.

Frequently Asked Questions

Can I drive to work during the first 30 days of a first ALS?

No. The first 30 days of the 90-day ALS are absolute. A qualifying ITD permit can become effective only after that period is complete.

Is the ITD permit automatic after 30 days?

No. The driver must meet the legal and administrative eligibility requirements, submit a complete packet, and receive the permit.

Can I use an ITD permit to drive a commercial vehicle?

No. Section 18-8002A and the ITD application limit the permit to noncommercial driving.

How long does ITD take?

The current ITD 3227 packet says to allow three to five business days for processing, with mailing time additional. Incomplete applications take longer. Do not drive until the permit is issued and physically in your possession.

Can an out-of-state driver receive an Idaho permit?

ITD’s current ALS guidance says a person without an Idaho license may sometimes receive a permit, but Idaho cannot guarantee another state will recognize it. Out-of-state suspensions or revocations can also make a person ineligible. Verify both Idaho status and home-state rules before driving.

Does a restricted permit automatically become a full license when the suspension ends?

Only if every reinstatement condition has been satisfied. Time can expire while a record remains invalid because of an unpaid fee, missing insurance filing, another suspension, or a separate requirement.

Get the Permit Route Right the First Time

A restricted permit can protect employment and essential family responsibilities, but only if the correct agency or court grants it. Contact Attorneys of Idaho to review the suspension source, eligibility, absolute period, and documentation before you drive.

For broader information, visit the Idaho DUI Help Center or review possible Idaho DUI penalties.

This page provides general information, not legal advice for a particular case. Laws, fees, forms, and procedures can change.

attorneys of idaho team photo

Talk With an Idaho DUI Defense Attorney

Deadlines and defense options depend on the facts of your case. Contact Attorneys of Idaho for a free, confidential case review.

Request a Free Case Review
Logo