Idaho Driving Offenses | Driving Without Privileges | DWP
If you have been arrested, charged, or cited for Driving Without Privileges, it is important that you understand the charges against you and what your legal rights are. Idaho criminal and traffic law can be complex. You should not try to take on the criminal justice system on your own.
Idaho Driving Without Privileges
Any person who drives or is in actual physical control of any motor vehicle with knowledge that his drivers license is revoked, disqualified or suspended in this state or any other jurisdiction is guilty of a misdemeanor. See: Idaho Code §18-8001- Driving Without Privileges
Punishment For Driving Without Privileges
This is not a traffic ticket - It is a crime! A first conviction carries a mandatory 2-day minimum jail sentence, a second carries a mandatory 20-day minimum jail sentence, a third conviction carries a mandatory 30-day minimum jail sentence. These are just minimum sentences and a conviction could result in a sentence beyond the mandatory minimums. The court may sentence a first time offender up to 180 days in jail and $1000 fine, a second time offender up to 365 days in jail and $1000 fine, and a third time offender up to 365 days of jail and a $3000 fine.
Additionally, a person convicted of this offense may have his driving privileges suspended by the court to commence at the end of any period of suspension, disqualification, or revocation existing at the time of the violation. A first time offense can result in a 6 month suspension, a second can result in a 1 year suspension, and a third can result in a 2 year suspension.
Do I Have To Know My License Is Suspended?
Yes and no. The state must prove "knowledge" as one of the elements of the criminal conduct. However, this element can be proven in several ways:
(a) He has actual knowledge of the revocation, disqualification or suspension of his license, driving privileges or permit to drive; or
(b) He has received oral or written notice from a verified, authorized source, that his license, driving privileges or permit to drive was revoked, disqualified or suspended; or
(c) Notice of the suspension, disqualification or revocation of his license, driving privileges or permit to drive was mailed by first class mail to his address, as shown in the transportation department records, and he failed to receive the notice or learn of its contents as a result of his own unreasonable, intentional or negligent conduct or his failure to keep the transportation department apprised of his mailing address as required; or
(d) He has knowledge of, or a reasonable person in his situation exercising reasonable diligence would have knowledge of, the existence of facts or circumstances which, under Idaho law, might have caused the revocation, disqualification or suspension of his license, driving privileges or permit to drive.
This means that "knowledge" can be proven without you actually knowing your license is suspended or revoked.
What Should You Do If You Have Multiple Driving Without Privileges Convictions?
If you're facing a new Driving Without Privileges (DWP) charge and already have one or more prior convictions, the stakes are much higher. Repeat offenses come with steeper penalties and longer suspension periods, making it crucial that you don't try to navigate the situation alone.
Seeking legal advice as soon as possible is highly recommended. An experienced attorney can help you understand the complex consequences, discuss possible defenses, and work to minimize additional penalties. Don't wait—acting quickly can make a significant difference in how your case is handled and its ultimate resolution.
Fight Your Idaho Driving Without Privileges Charge
If you find yourself facing a Driving Without Privileges (DWP) charge, there are still opportunities to avoid the harshest penalties. Prosecutors may be open to amending your charge or working out a plea agreement. In many cases, you might be able to keep your license from being suspended and have any potential jail time converted into alternative options, such as community service. Every DWP case is unique, and the outcome can often be improved with the right defense strategy and negotiation.
Do not fall into the trap of thinking your case is hopeless, just pleading to the DWP, and serving your jail time. Nearly all DWP cases can be won or negotiated down to a lesser charge that does not require a jail sentence. Do not fight the system on your own, you have too much on the line! Protect your rights and your freedom!
If you did not have notice that your driving privileges were suspended, you may have an absolute defense to this charge and should not plead guilty. The state carries the burden to prove beyond a reasonable doubt that you knew of the suspension. In many cases, people are surprised to learn their license was suspended—sometimes because the notice was mailed to an old address, or due to a clerical oversight. If you never received proper notice, you may be able to challenge the charge entirely.
Don't assume the worst—there are defenses available, and your case may not be as clear-cut as it seems. Call us today for a free consultation!