What is an Administrative License Suspension When Charged With DUI?

How Can an ALS Compound Your Difficulties After a DUI Arrest?

The consequences of a DUI arrest in Idaho begin immediately—often with the loss of your driving privileges through an Administrative License Suspension (ALS). Even before your case goes to court, the ALS process can leave you without a license, increase your financial burden, and jeopardize your job or daily responsibilities.

If you’ve been arrested for DUI in Boise or anywhere in Idaho, it’s critical to understand how an ALS works, what deadlines apply, and what steps you can take to protect your rights.

How Does an Idaho ALS Work?

An Administrative License Suspension is a civil penalty issued by the Idaho Department of Transportation (IDOT) after a DUI arrest—whether you fail a chemical test or refuse to take one. It’s separate from the criminal DUI process, but it can still lead to:

• Immediate loss of your driver’s license
• Mandatory installation of an ignition interlock device (IID)
• Financial penalties and restrictions on your mobility

Under Idaho Code § 18-8002A, the officer will serve you with a Notice of Suspension at the time of arrest. Unless you contest this action, the suspension goes into effect 30 days after service.

ALS Penalties in Idaho: What to Expect

The penalties for an Administrative License Suspension (ALS) are significant and vary based on whether it is a first or subsequent offense. For an initial ALS, the suspension lasts for 90 days. The first 30 days are an absolute suspension, meaning no driving privileges are allowed during this period. After the first 30 days, individuals may request restricted non-commercial driving privileges for the remaining 60 days. If it is the driver’s second ALS within five years of their first, the penalties increase substantially. The suspension period extends to one year, and no driving privileges are allowed during this time.

Additionally, drivers are required to install an ignition interlock device (IID) on all vehicles they operate for a year following the end of the suspension period. When this device is in place, the driver must provide a breath sample that is tested to confirm the absence of alcohol before the vehicle will start. The IID will also require breath samples at random intervals while driving to prevent the vehicle from shutting down. The device must be installed and maintained at the driver’s expense, adding a financial burden to the penalty.

For drivers with a Commercial Driver’s License (CDL), the consequences of an ALS are even more severe. A first-time ALS results in a one-year suspension of CDL privileges. A second offense at any point after the first leads to permanent revocation of CDL rights.

First ALS Offense

• 90-day suspension total
• First 30 days: No driving privileges at all
• Last 60 days: You may request restricted non-commercial privileges
• 1-year IID requirement after the suspension ends (at your expense)

Second ALS Offense (Within 5 Years)

• 1-year total suspension
• No driving privileges at all
• 1-year IID requirement following suspension

CDL Holders

• First ALS: 1-year CDL suspension
• Second ALS: Permanent CDL revocation

What Happens if You Refuse Chemical Testing During Your DUI Stop?

While you have the right to refuse a breath or blood test during a DUI stop in Idaho, this action carries significant consequences under the state’s implied consent laws. The penalties include a one-year absolute license suspension for a first refusal. The suspension extends to two years for a second refusal within 10 years. Additionally, there is a civil penalty of $250. You will also be required to install an IID for one year after the suspension period ends. Importantly, refusing the test does not prevent law enforcement from obtaining evidence of intoxication, as they can (and usually will) still pursue a blood test via warrant. In Idaho, drivers are better off providing the requested evidentiary chemical sample in the vast majority of cases; rarely is it preferable to refuse the requested breath, urine, or blood test.

• 1st refusal: 1-year absolute suspension (no driving privileges at all)
• 2nd refusal (within 10 years): 2-year suspension
• $250 civil penalty
• 1-year IID installation after suspension

How Can You Dispute an ALS?

You have only seven days from the date of your arrest to request an administrative hearing to contest the ALS. Your request must be made in writing and sent to the Idaho Department of Transportation (IDOT). Failure to request a hearing within the specified period results in an automatic confirmation of the suspension. It is highly advisable to consult with an experienced DUI attorney who can request a hearing and then argue on your behalf at the hearing.

During the hearing, you must demonstrate by a preponderance of evidence that there are grounds to vacate the suspension, such as:

• Procedural errors: Any deviation from standard procedures during your arrest or testing, such as the officer failing to inform you of the potential consequences of submitting to evidentiary testing, can be grounds for disputing the ALS
• Issues with the testing equipment: Evidence showing that the breath or blood testing device was not functioning properly or had not been correctly calibrated and maintained can be used to challenge the test results
• Lack of probable cause: You may be able to demonstrate that there was no legal basis for your initial traffic stop
• Improper test administration: If field sobriety tests or chemical tests were not administered correctly, the results may be contested or dismissed

If your contest is successful, your license suspension may be lifted, but this does not affect any criminal proceedings related to your DUI charge. Even if you win the ALS hearing, license suspension terms could still be imposed if you are found guilty of the DUI charge. However, a positive outcome at this hearing may indicate a viable defense for your DUI case.

How Can a Skilled DUI Attorney Assist You?

Given the complexity of the ALS proceedings, the possible impacts on your driving privileges, and the short timeframe to request a hearing, consulting with an experienced DUI attorney promptly after receiving a notice of suspension is strongly recommended.

Depending on the circumstances of your case, you may be able to effectively challenge an ALS in Idaho and potentially avoid or mitigate its consequences.

At Tatum Wysocki Law, we understand the harmful effects a DUI charge can have on every area of your life. We will work tirelessly to obtain the best possible outcome in your case. To schedule a free consultation to learn about your rights and options, contact our Boise office today at 208-584-2590.