Idaho Reckless Driving: Penalties, Speed Rule and License Suspension

Idaho makes reckless driving a misdemeanor under Idaho Code 49-1401: driving "carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property" carries up to six months in jail, a fine up to $1,000, or both on a first conviction. Since July 1, 2026, driving more than 20 mph over the posted limit in an active school or construction zone with children or workers present and visible is also reckless driving, and every reckless driving conviction triggers a license suspension under Section 49-326.

Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Idaho state statutes on reckless and inattentive driving (Idaho Code 49-1401), aggravated driving while reckless (18-8006A), racing, fleeing a peace officer, license suspension and points, and driving without a valid license. It does not cover DUI penalties (see Idaho DUI laws), vehicular manslaughter (see Idaho manslaughter laws), leaving the scene of a crash (see Idaho hit-and-run laws), city or county ordinances, or federal and commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.

What is reckless driving in Idaho?

Section 49-1401(1) defines reckless driving in three alternative forms:

"(1) Any person who drives or is in actual physical control of any vehicle upon a highway, or upon public or private property open to public use, carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property; who passes when there is a line in his lane indicating a sight distance restriction; or who drives a vehicle at a speed greater than twenty (20) miles per hour over the posted speed limit in an active school zone when children are present and visible or an active construction zone when workers are present and visible shall be guilty of reckless driving and upon conviction shall be punished as provided in subsection (2) of this section." Idaho Code 49-1401(1)

Broken down, a driver commits reckless driving by:

• Endangering driving: driving carelessly and heedlessly, or without due caution and circumspection, and at a speed or in a manner that endangers or is likely to endanger any person or property. Both parts are required.
• Passing at a sight-distance line: passing "when there is a line in his lane indicating a sight distance restriction."
• Speed in an active school or construction zone: more than 20 mph over the posted limit in an active school zone "when children are present and visible," or in an active construction zone "when workers are present and visible." This form took effect July 1, 2026.

The section reaches a person who "drives or is in actual physical control" of a vehicle, and it applies on a highway and on "public or private property open to public use."

Emergency and police drivers are held to the same standard. Section 49-623(4) provides that their privileges do not "relieve the driver of an authorized emergency or police vehicle from the duty to drive with due regard for the safety of all persons, nor shall these provisions protect the driver from the consequences of his reckless disregard for the safety of others."

Is reckless driving a misdemeanor in Idaho? Penalties

Yes. Section 49-1401(2) sets two tiers:

"(2) Every person who pleads guilty to or is found guilty of reckless driving for the first time is guilty of a misdemeanor and may be sentenced to jail for not more than six (6) months or may be fined not more than one thousand dollars ($1,000), or may be punished by both fine and imprisonment. Every person who pleads guilty to or is found guilty of reckless driving, who has previously been found guilty of or has pled guilty to reckless driving, or any substantially conforming foreign criminal violation within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a misdemeanor and may be sentenced to jail for not more than one (1) year or may be fined not more than two thousand dollars ($2,000), or may be punished by both fine and imprisonment. The department shall suspend the driver's license or privileges of any such person as provided in section 49-326, Idaho Code." Idaho Code 49-1401(2)

In short:

• First conviction: misdemeanor, up to six months in jail, a fine up to $1,000, or both.
• Prior reckless driving conviction within five years: misdemeanor, up to one year in jail, a fine up to $2,000, or both. A comparable out-of-state conviction counts, and so does a prior case that ended in a withheld judgment.
• Either way: the department "shall suspend" the license under Section 49-326 (see below).

Idaho does not divide misdemeanors into lettered classes; Section 49-1401 states its own maximums. For how Idaho grades crimes generally, see Idaho felony and misdemeanor classes.

Aggravated driving while reckless (felony)

Since 2024, Idaho has a felony form for serious injuries. Section 18-8006A(1) provides that a person "shall be guilty of aggravated driving while reckless if he causes great bodily harm, permanent disability, or permanent disfigurement to any person other than himself in committing a violation of the provisions of section 49-1401(1), Idaho Code."

Under Section 18-8006A(2), a person convicted "(a) Shall be sentenced to the state board of correction for a term not to exceed fifteen (15) years" and "(b) May be fined an amount not to exceed five thousand dollars ($5,000)." If the court imposes any sentence other than prison, subsection (2)(a) requires at least 30 days in county jail, the first 48 hours consecutive. The person must surrender the license, the court must suspend driving privileges for at least one year after release from imprisonment and may suspend them for up to five years after release, with no driving privileges of any kind, and the court must order restitution (18-8006A(2)(c)-(e)). The section was added by 2024 Idaho Session Laws chapter 90.

How fast is reckless driving in Idaho?

Idaho has one speed-based reckless driving rule, and it is limited to two kinds of zones. Since July 1, 2026, Section 49-1401(1) makes it reckless driving to drive "at a speed greater than twenty (20) miles per hour over the posted speed limit in an active school zone when children are present and visible or an active construction zone when workers are present and visible."

The conditions matter. The zone must be active, and the children or workers must be both present and visible. The clause does not reach a school zone that is not active, or one with no children present and visible.

The rule came from House Bill 570 (2026 Idaho Session Laws chapter 178), signed March 26, 2026, and effective July 1, 2026. The bill as introduced would have applied to any active school or construction zone; the enacted version added the "present and visible" conditions.

Outside those zones, no stated speed makes driving reckless by itself. The basic speed rule in Section 49-654(1) applies: "No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing."

Reckless driving license suspension and points in Idaho

Mandatory suspension

A reckless driving conviction carries a license suspension by the Idaho Transportation Department. Section 49-1401(2) says the department "shall suspend," and Section 49-326(1)(f) sets the periods for a person who:

"(f) Has been convicted of the offense of reckless driving, or fleeing or attempting to elude a peace officer, and providing that the operating privilege shall be suspended for a period of thirty (30) days upon conviction and providing further, that if a second conviction occurs within a two (2) year period of time from the time of the first conviction, the suspension shall be for ninety (90) days, and if a third conviction shall occur within a three (3) year period of time from the time of the first conviction, the period of suspension shall be for one (1) year;" Idaho Code 49-326(1)(f)

Section 49-326(1)(j) also allows suspension of "an habitual violator of traffic laws."

Revocation after three reckless driving charges

Section 49-325(1) lists, among the grounds for revocation, "(d) Conviction, or forfeiture of bail, upon three (3) charges of reckless driving committed within a period of twelve (12) months."

Points

Idaho assigns points by Idaho Transportation Department rule, IDAPA 39.02.71. Its point count list includes:

Reckless driving under 49-1401(1) is not on that list. The rule provides that "Convictions of traffic violations not herein listed which are violations of a state law or municipal ordinance will receive three (3) violation points, except those for which mandatory withdrawal of driving privileges is required by Idaho Code or the Idaho Code provides a point exemption." Reckless driving is a conviction for which Idaho Code requires a suspension (49-1401(2); 49-326(1)(f)). Under section 300 of the rule, 12 or more points in any 12-month period brings a 30-day suspension, 18 or more within 24 months a 90-day suspension, and 24 or more within 36 months a six-month suspension. For a record question, the Idaho Transportation Department DMV is the agency to ask.

Commercial drivers

Idaho's commercial driver section, 49-335(7), disqualifies a person for at least 60 days after two serious traffic violations, or 120 days after three or more, committed in a commercial motor vehicle from separate incidents within three years, and provides that "A conviction for reckless driving shall be considered a serious traffic violation if committed while operating a commercial motor vehicle or a noncommercial motor vehicle, as specified in 49 CFR 383." Under that federal rule, 49 C.F.R. 383.51, a conviction in a non-commercial vehicle counts only if it results in a revocation, cancellation or suspension of the license or non-commercial driving privileges; the reckless driving laws by state hub covers the federal layer.

Inattentive driving: Idaho's careless driving offense

Idaho's lesser offense is inattentive driving, in the same section. Section 49-1401(3) provides:

"(3) Inattentive driving shall be considered a lesser offense than reckless driving and shall be applicable in those circumstances where the conduct of the operator has been inattentive, careless or imprudent, in light of the circumstances then existing, rather than heedless or wanton, or in those cases where the danger to persons or property by the motor vehicle operator's conduct is slight. Every person convicted of inattentive driving under this section shall be guilty of a misdemeanor and may be sentenced to jail for not more than ninety (90) days or may be fined not more than three hundred dollars ($300), or may be punished by both fine and imprisonment." Idaho Code 49-1401(3)

The line between the two offenses is the quality of the conduct: inattentive, careless or imprudent conduct, or a slight danger, is inattentive driving; heedless or wanton conduct that endangers or is likely to endanger is reckless driving. Inattentive driving is still a misdemeanor, with up to 90 days in jail, a fine up to $300, or both, and it carries 3 points. Section 49-326(1)(f) does not list it among the convictions that trigger the 30-day suspension.

Racing and exhibitions of speed in Idaho

Section 49-1424(1) provides:

"(1) No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test or exhibition." Idaho Code 49-1424(1)

The section reaches anyone who participates "in any manner," and covers exhibitions of speed or acceleration as well as races. It does not use the terms street takeover, spectator or drifting.

Section 49-1424 sets no penalty of its own. Section 49-236(1) makes it "a misdemeanor for any person to violate any of the provisions of this title except the provisions of chapter 3, other than sections 49-301, 49-316, 49-331 and 49-332, Idaho Code, chapter 4 and chapters 6 through 9 of this title, unless otherwise specifically provided," and the racing section is in chapter 14. Under Section 49-236(4), punishments are as provided in Sections 18-111, 18-112, 18-113 and 18-113A unless otherwise specifically provided, and Section 18-113(1) punishes a misdemeanor, "Except in cases where a different punishment is prescribed in this code," by up to six months in county jail, a fine up to $1,000, or both. A racing conviction carries 4 points under the ITD rule.

Fleeing or eluding a peace officer

Section 49-1404(1) makes it a misdemeanor for a driver to willfully flee or attempt to elude a pursuing police vehicle after a visual or audible signal to stop; the general misdemeanor penalty in Section 18-113 applies (up to six months, a fine up to $1,000, or both). Under subsection (2), the offense is a felony if the driver, while doing so:

• "(a) Travels in excess of thirty (30) miles per hour above the posted speed limit;"
• "(b) Causes damage to the property of another or bodily injury to another;"
• "(c) Drives his vehicle in a manner as to endanger or likely to endanger the property of another or the person of another; or"
• "(d) Leaves the state."

Section 49-1404 sets no felony range of its own, so Section 49-236(4) applies the general felony penalty in Section 18-112: up to five years in prison, a fine up to $50,000, or both.

A misdemeanor eluding conviction triggers the same suspension ladder as reckless driving under Section 49-326(1)(f). For a felony conviction, Section 49-1404(3) requires the court to suspend driving privileges for at least one year and up to three years, "during which time he shall have absolutely no driving privileges of any kind."

Is there a wet reckless in Idaho?

Idaho's DUI sections, 18-8002 through 18-8011, and the reckless driving section, 49-1401, contain no provision on a reckless driving plea in a DUI case and do not count reckless driving as a prior DUI offense. Aggravated driving while reckless (18-8006A) sits in the same chapter of the criminal code but is a separate, non-alcohol offense. For DUI penalties, see Idaho DUI laws.

Driving without a license in Idaho

No valid license. Section 49-301(1) provides that "No person, except those expressly exempted by the provisions of this chapter, shall drive any motor vehicle upon a highway unless the person has a current and valid Idaho driver's license." Section 49-301(8) sets the grade. Except as provided in Sections 18-8001(1) and 49-304, driving without a current and valid class D (ordinary) license is an infraction with a $150 fine, and a second conviction within five years of the first is an infraction with a $300 fine. A third or later conviction within five years of the first is a misdemeanor with up to six months in county jail, a fine up to $1,000, or both. Driving a vehicle that requires a class A, B or C license without that license is a misdemeanor.

License not in your possession. Section 49-316 requires a driver to carry the license and show it to an officer on demand, a misdemeanor under the Section 49-236(1) exception for that section, but provides: "However, no person charged with a violation of the provisions of this section shall be convicted if a driver's license issued to the person and valid at the time of his arrest is produced in court."

Suspended, revoked or disqualified license. Section 18-8001(1) makes it a misdemeanor to drive with knowledge or legal notice that the license or driving privileges are suspended, revoked or disqualified. Subsection (1)(b) makes it only "an infraction punishable by a fine of one hundred fifty dollars ($150)" when the license was suspended "for any reason outlined in sections 18-1502, 49-326(1)(g), 49-1204 and 49-1207, Idaho Code."

Idaho reckless driving and related offenses: penalty table

For how Idaho grades misdemeanors and felonies generally, see Idaho felony and misdemeanor classes.

Vehicular manslaughter in Idaho

A death to which the operation of a motor vehicle is a significant contributing cause, in the circumstances Idaho Code 18-4006(3) lists, is vehicular manslaughter; see Idaho manslaughter laws for that offense and its penalties.

Recent changes to Idaho reckless driving law

• 2026: school and construction zone speed rule. House Bill 570, as amended (2026 Idaho Session Laws chapter 178, signed March 26, 2026), added the more-than-20-mph-over form to Section 49-1401(1), effective July 1, 2026. It applies only in an active school zone with children present and visible or an active construction zone with workers present and visible.
• 2024: aggravated driving while reckless. 2024 Idaho Session Laws chapter 90 added Section 18-8006A, the felony for reckless driving that causes great bodily harm, permanent disability or permanent disfigurement.

Related Idaho laws

• Reckless driving laws by state
• Idaho DUI laws
• Idaho manslaughter laws
• Idaho felony and misdemeanor classes
• Idaho hit-and-run laws
• Idaho expungement laws
• Utah reckless driving laws
• Washington reckless driving laws

This article is general legal information about Idaho law, not legal advice. For a specific situation, contact a lawyer licensed in Idaho, or the Idaho Transportation Department for driver's license questions.

Last updated: 2026-10-25.

Frequently Asked Questions

Is reckless driving a misdemeanor in Idaho?

Yes. A first reckless driving conviction under Idaho Code 49-1401(2) is a misdemeanor with up to six months in jail, a fine up to $1,000, or both. A conviction within five years of a prior one carries up to one year, up to $2,000, or both.

Can reckless driving be a felony in Idaho?

Yes, when it causes serious harm. Under 18-8006A, causing great bodily harm, permanent disability or permanent disfigurement to another person while violating 49-1401(1) is aggravated driving while reckless, a felony with up to 15 years and a fine up to $5,000, plus a court suspension of driving privileges of one to five years after release.

How fast is reckless driving in Idaho?

Since July 1, 2026, driving more than 20 mph over the posted limit is reckless driving in an active school zone when children are present and visible, or an active construction zone when workers are present and visible (49-1401(1)). Outside those zones, no set speed makes driving reckless by itself.

Does reckless driving suspend your license in Idaho?

Yes. Section 49-1401(2) directs the department to suspend under 49-326, which sets 30 days for a reckless driving conviction, 90 days for a second within two years and one year for a third within three years of the first. Three reckless driving charges within 12 months are also grounds for revocation (49-325(1)(d)).

How many points is reckless driving in Idaho?

Reckless driving under 49-1401(1) is not on the Idaho Transportation Department point list, which gives unlisted convictions 3 points except those for which Idaho Code requires mandatory withdrawal of driving privileges; Idaho Code requires a suspension for reckless driving (49-326(1)(f)). Inattentive driving is 3 points and racing 4.

What is inattentive driving in Idaho?

Inattentive driving under 49-1401(3) is the lesser offense for conduct that is inattentive, careless or imprudent rather than heedless or wanton, or where the danger is slight. It is a misdemeanor with up to 90 days in jail, a fine up to $300, or both.

Does Idaho have a wet reckless?

Idaho's DUI sections, 18-8002 through 18-8011, and the reckless driving section, 49-1401, contain no provision on a reckless driving plea in a DUI case and do not count reckless driving as a prior DUI offense.

Is street racing illegal in Idaho?

Yes. Section 49-1424 bans races, speed contests, drag races and exhibitions of speed or acceleration, and participating in them in any manner. The section sets no penalty of its own; Title 49 violations outside the infraction chapters are misdemeanors under 49-236(1).

What happens if you drive without a license in Idaho?

Driving without a current valid class D license violates 49-301(1); under 49-301(8) it is an infraction with a $150 fine, $300 for a second conviction within five years, and a misdemeanor on a third conviction within five years. Driving with knowledge or legal notice of a suspension or revocation is charged under 18-8001, which is an infraction with a $150 fine only for certain non-driving suspension reasons.