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How Long Will My Driver’s License Be Suspended After a DUI in Idaho?

Posted by Ryan Black | Apr 22, 2025 | 0 Comments

How Long Will My Driver's License Be Suspended After a DUI in Idaho?

Everything you need to know about administrative and court‑ordered suspensions, test refusals, and the road to reinstatement.

Paperwork

1. Two Separate Suspensions—One DUI Arrest

Most Idaho drivers are surprised to learn that a single DUI arrest can trigger two completely different license suspensions:

Suspension Type Trigger Length for First Offense Where It Comes From

Administrative License Suspension (ALS)

You

fail

a breath/blood test (≥ 0.08 BAC)

90 days

total (first 30 days absolute)

Idaho Transportation Department (ITD)

Criminal (Court) Suspension

You are

convicted

of DUI at court

180 days

total (first 30 days absolute)

Idaho Code § 18‑8005; court

Because these clocks run independently, you can finish the 90‑day ALS and still have months of court suspension left.


2. Administrative License Suspension (ALS) in Detail

2.1 When It Starts

  • The clock starts 30 days after the officer hands you the “goldenrod” Notice of Suspension.

  • During those 30 days you may still drive, but after that date the first 30 days of the 90‑day suspension are absolute—no exceptions.

2.2 Restricted Driving Permit

  • After serving the absolute 30 days, you may apply to ITD for a Restricted Driving Permit (work, school, medical).

  • You must pay a $245 reinstatement fee and a separate $60 permit fee.

  • A state‑approved ignition interlock device (IID) is mandatory for one year beginning 10 days after the ALS ends.

2.3 Second ALS Within 5 Years

  • Suspension jumps to 1 year with no restricted permit available.


3. Court‑Ordered DUI Suspension

If you plead guilty or are found guilty of a first‑time DUI (standard BAC < 0.20 %), the judge must impose:

  • 90-day suspension, but up to a 180‑day suspension (30 days absolute, 150 days eligible for restricted driving). Generally the Court always imposes a 180 day suspension.

  • Additional fines, jail, probation, and treatment requirements

Key point: Even if you beat the criminal charge, the ALS does not automatically disappear; you still have to fulfill ITD requirements to reinstate.


4. High‑BAC (“Excessive”) and Felony DUIs

Scenario Minimum Suspension Notes

BAC ≥ 0.20 %

(Excessive DUI)

1 year

absolute

Up to 1 year in jail and $1,000 fine; Must install interlock upon reinstatement

Second DUI within 10 years

1 year

mandatory

Much higher penalties than above; Must install interlock upon reinstatement

Third DUI within 10 years (felony)

1–5 years

Much higher penalties than either above; Court decides length of the license suspension; Ignition interlock mandatory after release


5. What If I Refuse the Breath or Blood Test?

Under Idaho's implied‑consent statute, refusal carries its own hammer:

Refusal Count Suspension Length Restricted Permit?

1st Refusal

1 year absolute

No

2nd Refusal in 10 years

2 years absolute

No

You also owe a $250 civil penalty and must install an interlock for one year after the refusal suspension ends—even if the criminal DUI is dismissed.


6. Deadlines You Cannot Miss

  1. 7 Days – File your ALS hearing request (or the 90/365‑day civil suspension is automatic).

  2. 30 Days After Notice – ALS becomes active; first 30 days absolute suspension.

  3. 42 Days After Judgment – Last day to appeal a court conviction.

Missing any of these windows drastically reduces your options.


7. Steps to Reinstate Your License

  1. Serve the entire suspension (administrative, court, or both).

  2. Pay all reinstatement fees to ITD ($245 for ALS; $285 for court). 

  3. File SR‑22 insurance and keep it on file for 3 years.

  4. Provide proof of IID installation (if required).

  5. Complete treatment/education programs ordered by the court or ITD.

Until every box is checked, ITD will flag your record as “suspended”, even if the calendar time has expired. ITD has a handy checklist for reinstatement on the administrative side here.


8. Frequently Asked Questions

Q: Can I drive to work during the first 30 days of a 90‑day ALS?
A: No. The first 30 days are absolute—no driving at all.

Q: Does an out‑of‑state license protect me?
A: No. Idaho reports suspensions to the National Driver Register, and most states will honor the ban.

Q: Do I need an attorney for the ALS hearing?
A: While not required, an attorney can challenge the stop, test procedure, or paperwork. Winning the administrative hearing prevents the 90‑day suspension but does not end the criminal case.


9. Bottom Line: Suspension Length Depends on Three Factors

  1. Did you blow or refuse?

  2. Is this your first, second, or third run‑in?

  3. Was your BAC standard or excessive?

Navigate these moving parts poorly, and you could be off the road for two years or more. Handle them strategically, and you may secure restricted driving privileges or even beat the civil suspension altogether.


About Boise DUI

At Boise DUI, we focus exclusively on Idaho drunk‑driving defense. If your license is on the line, we'll:

  • File your ALS hearing within 7 days

  • Evaluate breath‑test calibration records and arrest videos

  • Petition for restricted driving privileges and interlock waivers when the law allows

No pressure—just clear answers and a plan. Call us for a free, confidential consultation.

About the Author

Ryan Black

Attorney, Partner

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