Do I Lose My License Immediately After a DUI Arrest in Idaho—Or Is There a Waiting Period?

Short answer:
No, your driver's license is not suspended on the spot—at least not for most drivers who submit to chemical testing. Idaho gives you a 30-day grace period before an administrative suspension begins. However, that grace period is shorter (or nonexistent) if you refuse testing. Below is a step-by-step breakdown so you know exactly when the clock starts, how fast it ticks, and what options you have to stay on the road.

1. Two Separate Timelines: Civil vs. Criminal

After a DUI arrest, Idaho launches two independent tracks:

Because the administrative track moves faster, it's the one that concerns drivers in the first few weeks.

2. What Happens the Night You're Arrested?

1. Citation & “Goldenrod” Notice
   The officer hands you a bright-colored Notice of Suspension (often on goldenrod paper). This document serves two purposes:

   • Evidence that you failed or refused testing.

   • Official notice that your license will be suspended in 30 days—unless you take action.

2. Physical License Confiscation

   • The officer may clip or seize the plastic license, but you receive a temporary paper license valid for 30 days.

3. The 30-Day Grace Period Begins

   • You may legally drive with the paper license—subject to any court-imposed bail conditions—for the next 30 days.

3. The Seven-Day Decision Window

From the moment you receive the notice, you have just seven calendar days to:

1. Request an ALS Hearing in writing with the Idaho Transportation Department (ITD). For that request, you must include your date of birth, driver's license number, and date the citation was issued.

Failing to meet this deadline means the 30-day grace period ends automatically, and the suspension kicks in with no further appeal.

4. Day 30: Suspension Becomes Active

If you either (a) lose the ALS hearing or (b) never requested one, the following occurs at 12:01 a.m. on Day 30 after the arrest:

• Your driving privileges become “suspended” in every 50-state database.

• The first 30 days of the suspension are absolute—no work permit, no exemptions.

After that absolute period, first-offense drivers who failed (not refused) a chemical test can usually apply for a Restricted Driving Permit for work, school, or medical purposes—provided they install an ignition interlock device (IID) and carry SR-22 insurance. Guidelines for that application from ITD is available here.

5. How a Test Refusal Changes the Timeline

• Immediate Penalty: Refusing a chemical test slashes your grace period—from 30 days down to zero. Your license is seized immediately, and a 1-year absolute suspension starts right away.

• No Restricted Permit: Idaho law bars restricted licenses during a refusal suspension.

In short, refusal rarely benefits drivers unless the prosecution's evidence is exceptionally weak or this is a second DUI.

6. The Criminal Court Track—A Second Suspension

Even if you manage to defeat or survive the ALS:

• A DUI conviction later imposes its own suspension (180 days for most first offenses, 1 year for high-BAC or repeat offenses).

• Any time already served on the ALS usually counts toward the longer court suspension, but you must petition the judge for credit.

• The statute only requires a 90 day suspension, but almost all Judges suspend for the full 180 days allowed except for extraordinary circumstances.

7. Special Cases: CDL Holders, Minors, and Out-of-State Licenses

• Commercial Driver's License (CDL): A first DUI triggers a 1-year disqualification of CDL privileges—on top of any personal-license suspension.

• Drivers Under 21: A BAC of 0.02–0.08 % invokes the same ALS process, but court penalties differ (up to 1 year suspension even on first conviction).

• Out-of-State License: Idaho can't physically seize a non-resident license, but it flags you in the National Driver Register. Your home state will almost always reciprocate the suspension.

  • Pro Tip: If you were just got a DUI in Idaho and are driving on an out of state license, go get your Idaho license while in the 30 day grace period. That way, Idaho is the only state that suspends your license and you do not have to deal with your home state's reinstatement procedure as well.

8. Steps to Keep—or Regain—Driving Privileges

1. File the ALS Hearing Request within 7 days.

2. Gather Evidence—dash-cam video, hospital blood-draw chain-of-custody, breath-test maintenance logs.

3. Attend the ALS Hearing (often by phone). Win and the administrative suspension is vacated.

4. If You Lose:

   • Serve the first 30-day absolute period.

   • Apply for a restricted permit (failed-test cases only).

   • Install an interlock and maintain SR-22 insurance.

5. Resolve the Criminal Case—aim to synchronize any court suspension with the ALS you've already served. The Court can "backdate" the criminal suspension to run starting when the ALS suspension did.

9. Practical Tips (From Idaho DUI Attorneys)

• Act Fast: Seven days evaporate quickly. Even a late-filed request typically fails.

• Don't Assume Dismissal = No Suspension: You could beat the criminal charge yet still be off the road from an ALS you never contested.

• Know Your Dates: Keep copies of every notice, hearing request, and ITD letter so you (and your lawyer) can track overlapping suspension periods.

• Plan for SR-22 Costs: Budget for higher insurance premiums; they last three years from reinstatement.

Conclusion: The Clock Starts the Night You're Arrested

For most Idaho drivers who submit to testing, there is a 30-day grace period before losing their license—but only if they protect their rights within the first week. A single missed deadline can sideline you for months, while a timely ALS hearing request may keep you driving and give your attorney leverage in the criminal case.
Stay proactive, know your dates, and seek experienced legal counsel as soon as possible.