What is an Administrative License Suspension When Charged With DUI?

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

The consequences of an Idaho DUI accusation can be felt from the moment you are pulled over. At this time, the officer will usually request that you submit to a blood or breathalyzer test to get a reading of your blood alcohol concentration (BAC). Unless this test shows that you are below the BAC threshold for legal intoxication, you are likely to be arrested on suspicion of a DUI and will be subject to an Administrative License Suspension (ALS) of your driving privileges.

Refusing chemical testing does not prevent the ALS and may actually result in a much longer suspension period. A legal process does exist to challenge your ALS and potentially get it dismissed. However, you must act quickly to dispute your license suspension, or it will automatically be confirmed. An experienced Boise DUI defense attorney can help you navigate the necessary court procedures and advocate for your rights throughout your case.

How Does an Idaho ALS Work?

The Administrative License Suspension process is governed by section 18-8002A of the Idaho Code. An ALS is a civil penalty imposed by the Idaho Department of Transportation (IDOT) when a driver is arrested for a DUI and either fails or refuses to take a chemical test, such as a breathalyzer or blood test. It is crucial to note that this suspension is separate from any criminal proceedings and penalties that may result from a DUI charge. 

When a driver fails an evidentiary test with a BAC over the legal limit, the arresting officer serves them with a “Notice of Suspension.” This notice indicates that their driving privileges will be suspended 30 days from the date of service unless they successfully contest the suspension through an administrative hearing.

What Are the Terms of an ALS?

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.

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.

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 McBride Law, P.C., 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.