Idaho driving laws
The rules your permit test asks about, in plain English. Each one is quoted from Idaho’s statutes or an official DMV page. Handbooks are often years out of date, so where the law has changed we follow the law.
Checked October 2, 2026.
The short version
- Phones and texting
- Idaho bans all drivers from using a handheld phone or other mobile device while driving, including while stopped in traffic.
- Alcohol and drugs (DUI)
- It is DUI in Idaho to drive at 0.08 BAC or more (0.04 in a commercial vehicle, 0.02 if under 21), or while impaired at any BAC.
- Seat belts and child seats
- Every occupant of a passenger vehicle (8,000 lb or less) must wear a seat belt, but police may ticket for it only after stopping the driver for another violation.
- Move Over law
- When passing a stopped police car, emergency vehicle, tow truck or highway incident response vehicle with flashing lights, slow below the speed limit.
Phones and texting
Idaho bans all drivers from using a handheld phone or other mobile device while driving, including while stopped in traffic. Hands-free or voice use, with at most one touch to turn a feature on or off, is allowed, and so is calling for emergencies.
Official wording (6 sources)
“Except as provided in this subsection, a person shall not operate a motor vehicle while using a mobile electronic device.”
legislature.idaho.gov“The use of a mobile electronic device in a voice-operated or hands-free mode if the operator of the motor vehicle does not use his hands to operate the device, except through one-touch activation or deactivation of a feature or function of the device”
legislature.idaho.gov“A violation of this section shall be a moving violation and shall be an infraction punishable by a fine of seventy-five dollars ($75.00) for a first offense and one hundred fifty dollars ($150) for a second offense within a three (3) year period.”
legislature.idaho.gov“For each subsequent offense within a three (3) year period, the offender shall be punished by a fine of three hundred dollars ($300).”
legislature.idaho.gov“A court may suspend a person’s driver’s license for up to ninety (90) days if the person has three (3) or more convictions for violations of this section within a three (3) year period.”
legislature.idaho.gov“A conviction under this section for a first offense shall not result in violation point counts as prescribed in section 49-326 , Idaho Code.”
legislature.idaho.gov
Alcohol and drugs (DUI)
It is DUI in Idaho to drive at 0.08 BAC or more (0.04 in a commercial vehicle, 0.02 if under 21), or while impaired at any BAC. Refusing a test brings a $250 civil penalty and a one-year license suspension.
Official wording (10 sources)
“or who has an alcohol concentration of 0.08, as defined in subsection (4) of this section, or more, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a motor vehicle within this state”
legislature.idaho.gov“or who has an alcohol concentration of 0.04 or higher but less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a commercial motor vehicle”
legislature.idaho.gov“It is unlawful for any person under the age of twenty-one (21) years who has an alcohol concentration of at least 0.02 but less than 0.08”
legislature.idaho.gov“suspend the defendant’s driving privileges for one (1) year for a first refusal and two (2) years for a second refusal within ten (10) years, during which time he shall have absolutely no driving privileges of any kind”
legislature.idaho.gov“He shall be fined a civil penalty of two hundred fifty dollars ($250);”
legislature.idaho.gov“May be sentenced to jail for a term not to exceed six (6) months;”
legislature.idaho.gov“May be fined an amount not to exceed one thousand dollars ($1,000);”
legislature.idaho.gov“Shall have his driving privileges suspended by the court for a period of thirty (30) days, which shall not be reduced and during which thirty (30) day period absolutely no driving privileges of any kind may be granted.”
legislature.idaho.gov“the defendant shall have driving privileges suspended by the court for an additional period of at least sixty (60) days, not to exceed one hundred fifty (150) days”
legislature.idaho.gov“For a first failure, driving privileges are suspended for a period of ninety (90) days with absolutely no driving privileges during the first thirty (30) days of that ninety (90) day suspension.”
itd.idaho.gov
Seat belts and child seats
Every occupant of a passenger vehicle (8,000 lb or less) must wear a seat belt, but police may ticket for it only after stopping the driver for another violation. Children 6 and younger must ride in a federally approved child safety seat.
Official wording (4 sources)
“shall have a safety restraint properly fastened about the occupant’s body at all times when the vehicle is in motion.”
legislature.idaho.gov“Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when the operator of the motor vehicle has been detained for a suspected violation of another law.”
legislature.idaho.gov“A person issued a citation pursuant to this subsection shall be subject to a fine of ten dollars ($10.00).”
legislature.idaho.gov“No noncommercial motor vehicle operator shall transport a child who is six (6) years of age or younger in a motor vehicle manufactured with seat belts after January 1, 1966, unless the child is properly secured in a child safety restraint”
legislature.idaho.gov
Move Over law
When passing a stopped police car, emergency vehicle, tow truck or highway incident response vehicle with flashing lights, slow below the speed limit. On a multi-lane road, also move out of the lane next to it when it is safe; on a two-lane road, slow down and keep a safe speed until you are past.
Official wording (3 sources)
“upon approaching a stationary police vehicle displaying flashing lights, an authorized emergency vehicle displaying flashing lights, a stationary tow truck displaying flashing lights, or a stationary highway incident response vehicle displaying flashing lights”
legislature.idaho.gov“change lanes into a lane that is not adjacent to such vehicle as soon as it is possible to do so in a manner that is reasonable and prudent under the conditions then existing, with regard to actual and potential hazards.”
legislature.idaho.gov“If the driver is traveling on a highway with one (1) lane for each direction of travel, immediately reduce the speed of his vehicle below the posted speed limit and maintain a safe speed for the road, weather, and traffic conditions”
legislature.idaho.gov
School buses
Traffic in both directions must stop for a school bus stopped with its flashing signals on, and stay stopped until the bus moves or the signals go off. Oncoming traffic need not stop on a highway with more than three lanes.
Official wording (3 sources)
“The driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching the school bus when there is in operation on a school bus the visual signals”
legislature.idaho.gov“Oncoming traffic on a highway of more than three (3) lanes is not required to stop upon meeting a school bus when visual signals are actuated.”
legislature.idaho.gov“Any person found guilty of violating the provisions of this subsection for the first time shall be guilty of an infraction punishable by a fine of three hundred dollars ($300).”
legislature.idaho.gov
Speed limits
Unless posted otherwise, Idaho's limits are 35 mph in residential, business and urban districts, 65 mph on state highways, 75 mph on interstates (up to 80 where posted) and 55 mph elsewhere. School zone limits are whatever is posted.
Official wording (6 sources)
“Thirty-five (35) miles per hour in any residential, business or urban district, unless otherwise posted”
legislature.idaho.gov“Seventy-five (75) miles per hour on interstate highways, unless otherwise posted in accordance with section 49-201 (4), Idaho Code, and provided that this speed may be increased to eighty (80) miles per hour”
legislature.idaho.gov“Sixty-five (65) miles per hour on state highways, unless otherwise posted”
legislature.idaho.gov“Fifty-five (55) miles per hour in other locations, unless otherwise posted, up to a maximum of seventy (70) miles per hour.”
legislature.idaho.gov“No person shall operate a vehicle in excess of the posted maximum speed limit established for a posted school zone.”
legislature.idaho.gov“may exceed the posted speed limit by up to fifteen (15) miles per hour while passing another vehicle traveling at less than the posted speed limit, in order to safely pass the vehicle.”
legislature.idaho.gov
After a crash
If a crash injures or kills anyone, or damages one person's property by more than $1,500, the driver must immediately notify police: the city police inside a city, otherwise the county sheriff or nearest state police office.
Official wording (3 sources)
“or damage to the property of any one (1) person in excess of one thousand five hundred dollars ($1,500) shall immediately, by the quickest means of communication, give notice of the accident to the local police department if the accident occurs within a city”
legislature.idaho.gov“otherwise to the office of the county sheriff or the nearest office of the state police.”
legislature.idaho.gov“You must report to police any motor vehicle crash in which someone is injured or property damage is more than $1,500.”
itd.idaho.gov
Insurance
Idaho requires liability insurance of at least $25,000 per person and $50,000 per crash for injury or death, and $15,000 for property damage (25/50/15).
Official wording (2 sources)
“in the amount of twenty-five thousand dollars ($25,000) because of bodily injury to or death of one (1) person in any one (1) accident”
legislature.idaho.gov“in the amount of fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of fifteen thousand dollars ($15,000) because of injury to or destruction of property of others in any one (1) accident.”
legislature.idaho.gov
Motorcycle helmets
Riders and passengers under 18 must wear an approved helmet on a motorcycle in Idaho; riders 18 and older are not required to. Idaho law does not require eye protection, though the handbook strongly recommends a face shield or goggles.
Official wording (3 sources)
“No person under eighteen (18) years of age shall ride upon or be permitted to operate a motorcycle, motorbike, utility type vehicle or an all-terrain vehicle unless at all times when so operating or riding upon the vehicle he is wearing”
legislature.idaho.gov“Idaho law requires all persons under the age of 18 to wear a DOT-compliant protective helmet while riding on a motorcycle or ATV on or off highway.”
itd.idaho.gov“A windshield is not a substitute for a face shield or goggles.”
itd.idaho.gov
Motorcycle permit rules
A licensed driver who passes the motorcycle knowledge test can get a motorcycle instruction permit valid for up to one year. Permit riders may not carry passengers, ride after dark or ride on an interstate. Riders under 21 must complete an approved rider training course to get the M endorsement.
Official wording (7 sources)
“The department may issue a motorcycle endorsement instruction permit to an applicant who has a valid driver’s license and who has successfully completed the motorcycle rider’s knowledge test and paid the appropriate fees.”
legislature.idaho.gov“The permit entitles the applicant, while having the permit in his immediate possession, to operate a motorcycle on the highways for a period not to exceed one (1) year.”
legislature.idaho.gov“A person holding a motorcycle instruction permit shall not carry any passenger while operating a motorcycle, shall not operate a motorcycle except during the hours of daylight only, and shall not operate a motorcycle on any interstate highway system.”
legislature.idaho.gov“No person under the age of twenty-one (21) years may apply for or obtain a motorcycle "M" endorsement on his driver’s license unless he has successfully completed a motorcycle rider training course”
legislature.idaho.gov“A passing MSF course may be used to waive the skills testing requirement within 2 years of completion of the course.”
itd.idaho.gov“A motorcycle endorsement knowledge and skills test results are valid for up to one year.”
itd.idaho.gov“Under 18 helmet – A permit holder under the age of 18 must wear a helmet when operating a motorcycle”
itd.idaho.gov
Lane splitting
Lane splitting and lane filtering are not legal in Idaho. A motorcycle must stay within a single lane like any other vehicle.
Official wording (2 sources)
“The practice of “lane filtering” or “splitting” is not legal in the State of Idaho.”
itd.idaho.gov“A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.”
legislature.idaho.gov
This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with Idaho Transportation Department, Division of Motor Vehicles.