Administrative license suspension (ALS) could be a serious drag on your ability to drive. If you have been charged with driving under the influence (DUI) in Boise, Idaho, you are likely to face a wide range of penalties. These typically include jail time, fines, mandatory enrollment in a court-determined rehabilitation program, and more. A Boise felony DUI attorney can help you seek reduced penalties by exploring all your legal options.
Another penalty that you face after a DUI stop and arrest is license suspension. This type of suspension is known as an administrative license suspension. Administrative license suspension occurs whether or not you are eventually charged with a DUI. This is because ALS is separate from the license suspension that occurs if you are charged with DUI.
What Is ALS Suspension?
Administrative license suspension is basically a legal suspension of your license by the Idaho Department of Transportation (IDOT). When you are stopped on suspicions of DUI, you are asked to undergo a breath test. If you refuse or if there is reason enough, an officer may ask you to submit to a blood test.
If the results from either of these tests establish that you had a blood alcohol concentration (BAC) above the legal limit, you face immediate ALS. If you took a breath test and scored above the legal limit, you are immediately provided a ‘Notice of Suspension’ by the officer along with your ticket. If it was the blood test where you recorded a BAC above the limit, a Notice is mailed to your address by IDOT.
In either case, your notice has a ‘Date of Service’ on it. This essentially informs you about the time you have to appeal against the administrative license suspension.
Appealing the ALS Suspension
Under Idaho laws, you have a total of 7 days to appeal against ALS. This can be done by requesting an administrative hearing about your license suspension. At this hearing, you can present your side of the story along with your lawyer and seek to have your license suspension cancelled. If the results of your blood or breath test could be discarded over procedural errors, it is possible to have the ALS dismissed and your license restored.
However, if you miss the 7-day deadline, the ALS is confirmed so that your license is suspended 30 days from the Date of Service. During these 30 days, you are provided a temporary permit which expires on the 30th day.
The Duration of ALS Suspension
The exact duration of an Administrative License Suspension depends on whether it’s your first ALS or a subsequent ALS.
First ALS Suspension
The first ALS lasts for a minimum mandatory period of 30 days, with a maximum of up to 90 days. During the first 30 days, you are not allowed any work permits or privileges, so the suspension is absolute. If you have a Commercial Driver’s License (CDL), your CDL privileges are canceled for at least one year from the Date of Service.
In addition to license suspension, you are also required to install an ignition interlock device (IID) on all the vehicles you operate after your suspension period ends. The device must remain installed on your vehicle for a period of one year. You are required to pay for the installation and maintenance charges of the device.
Second ALS Suspension
If you face a second administrative license suspension within 5 years of the first administrative license suspension, your driving privileges are removed for a mandatory minimum of one year. During this year, you do not have any work permits or alternate privileges. If you face a second administrative license suspension on a CDL, your CDL privileges are revoked permanently. This applies no matter how old your first administrative license suspension was.
As with the first suspension, you are required to install an IID on all the vehicles you operate for a minimum period of one year. The costs from having the IID installed and maintained can accumulate into a substantial sum over a year.
Why Hire a Boise DUI Attorney?
Many people charged with a DUI offense tend to overlook the ALS suspension. As noted above, ALS suspension can leave you without any driving privileges whatsoever for one year. This can have a drastic impact on your life and finances. It is imperative to consult a good Boise DUI attorney right after you receive a Notice of Suspension.
Here at the Aaron Hooper, Attorney at Law, we fully understand the gravity of an ALS suspension. Our lawyers are well-equipped to defend you against the charge and help you successfully appeal against it. We also work with you to have your DUI charge dismissed or reduced. Call us now to schedule a free consultation and discuss your case with us in person.