WHAT HAPPENS TO MY LICENSE IF I GET A DUI IN IDAHO?
One of the most complicated but frequent issues someone will deal with when they are charged with a DUI are the drivers license suspensions that follow. The suspensions are the most significant practical consequences that occur because they will impact many different parts of a person’s life. It is important to know what a DUI will do to your license and the process that goes along with it.
There are essentially two suspensions that occur in a DUI, a civil suspension that comes through the Idaho Transportation Department, and a Criminal Suspension that occurs in the criminal case.
ALS (ADMINISTRATIVE LICENSE SUSPENSION)/CIVIL SUSPENSION
A civil suspension is the first suspension to occur in a case. It is called an Administrative License Suspension. This occurs when anyone fails a breath or blood test requested by a Law Enforcement Officer as part of a DUI investigation. You fail a test when you provide a sample above .08 and above.
If this is the first time you have failed a BAC test, the Department of Transportation will suspend your license 30 days after your arrest. The suspension will last 90 days; however, the first 30 days are absolute and you may request restricted noncommercial driving privileges after the first 30 days. If this is your second time failing a BAC test within 5 years, the suspension will be for 1 year and you will not be able to obtain a temporary restricted license during this period.
Following the failure of the test, you will have 7 days to request an ALS Hearing to challenge the suspension. If you do not request this hearing, your license will automatically be suspended. To request the hearing, you must write a formal letter and send it to the Department of Transportation. At this hearing, it is on the driver to show that there is something wrong that happened leading up to the BAC test or during the test. If you hire an attorney, your attorney will help you with this.
This hearing is very important. When you schedule this hearing, you are giving yourself the chance to fight for your driving privileges. This hearing does not decide if you are guilty or innocent of the DUI, but it allows you a chance to challenge the suspension.
CRIMINAL LICENSE SUSPENSION FOR A DUI IN IDAHO
If you eventually plead guilty or are found guilty of a DUI, there will also be a suspension resulting from the criminal case. The Judge has discretion on the time period of the suspension, but can suspend it between 90-180 days. The first 30 days are absolute, meaning that you will have no privileges; however, the judge may grant the use of a restricted license after the initial 30 days, limiting travel for work or health reasons. If the DUI is your second within 10 years, there is a 1-year mandatory minimum license suspension, and you cannot receive a restricted license. If the DUI is your third within 10 years your license could be suspended up to 5 years.
Furthermore, like a second time DUI, if you are charged with an Excessive DUI, meaning your BAC was above .20, the suspension will be absolute for 1 year. This means you cannot apply for work or health privileges.
HOW THE ALS SUSPENSION AND CRIMINAL SUSPENSION WORK TOGETHER
If your license is suspended from the civil case and you are also convicted on the criminal charges, both suspensions may be imposed, but the periods of suspension will run concurrently, meaning at the same time. There are also ways to back date the criminal suspension so you get credit for the time that you were suspended on the ALS case.
Your driving privileges will be suspended for 30 days where absolutely no driving privileges of any kind will be granted on both suspensions. For the criminal case, you may request restricted driving privileges that the court may allow, if you show by a preponderance of the evidence that driving privileges are necessary for your employment, school, or for family health needs. In order to be granted a restricted driver’s license you must do the following;
• Provide a work verification form that details your occupation, work hours, and where your employment is located
• Submit a letter from your doctor describing your need for medical treatment
• Provide proof of auto liability insurance
• Pay applicable reinstatement fees
• Your driving record must be clear in all other states
For the civil case, through the Transportation Department, you will need to fill out a form and submit it. That form can be found here:
WHY HIRE A BOISE DUI ATTORNEY?
Many people who are charged with a DUI offense tend to overlook the ramifications of a DUI on their license. A license suspension can leave you without any driving privileges whatsoever for a period of time. This can have a massive impact on your life, employment, and family. It is important to consult with a good Boise DUI attorney about the penalties that come with a DUI offense.
Here at Aaron Hooper, Attorney at Law, we fully understand all the penalties with a DUI conviction, including criminal and civil penalties. Our lawyers are well-equipped to defend you against the charge and successfully help you through the entire DUI license suspension process if your case comes to that. Call us now to schedule a free consultation and discuss your case with us in person.