Understanding Idaho's Administrative License Suspension (ALS) and How It Connects to Your DUI Case

A direct, 360-degree guide to the civil side of a DUI arrest—deadlines, penalties, and strategies to keep you on the road.

1. What Exactly Is an Administrative License Suspension?

Idaho operates a two-track system when you're arrested for DUI. The criminal track moves through the courts and can result in jail, fines, probation, and a court-ordered suspension if you're convicted. Running alongside it—often weeks ahead—is the administrative track, created by Idaho Code § 18-8002A.

Under this statute, the Idaho Transportation Department (ITD) must suspend your driving privileges immediately if you:

1. Fail an evidentiary breath, blood, or urine test (BAC ≥ 0.08 % for most drivers, ≥ 0.02 % for minors); or

2. Refuse or fail to complete testing after the implied-consent advisement.

Because the ALS is a civil (not criminal) action, the state's burden of proof is lower, and the suspension can take effect before you ever see a courtroom.

2. Why Does Idaho Separate Civil and Criminal Suspensions?

The legislature's goal is road safety, not punishment alone. By pulling licenses quickly, the state reduces the number of potentially impaired drivers while the criminal case plays out. Courts have upheld this “summary” suspension as constitutional because drivers receive prompt notice and the right to a hearing.

3. Suspension Periods at a Glance

Note: If you later suffer a criminal-court suspension (e.g., 180 days for a first DUI conviction under § 18-8005), any overlap with the ALS counts toward the longer period, but seat-time never runs twice. You must serve whichever suspension lasts longer.

4. The Seven-Day Rule: Your First Critical Deadline

The “goldenrod” Notice of Suspension the officer hands you is more than paperwork—it starts a clock. You have seven calendar days to file a written request for an ALS hearing with ITD. Miss that window, and the suspension takes effect automatically on the 30th day after service of the paperwork, with no further appeal.

What happens at the ALS hearing?

• Conducted by a hearing officer (often by phone or Zoom).

• Limited issues: probable cause for the stop, lawful arrest, correct implied-consent advisement, and test reliability.

• Officer's sworn affidavit is admissible; you can subpoena the officer and present witnesses.

• If you win, ITD must vacate the ALS—even if the criminal DUI case continues.

5. Restricted Permits and Ignition Interlock Devices (IID)

For failed-test suspensions, you may apply to ITD for a Restricted Driving Permit after the first 30 days of absolute suspension. Conditions include:

1. Proof of SR-22 insurance on file.

2. Payment of the $245 reinstatement fee and $60 permit fee.

3. Installation of a state-approved IID for one full year beginning 10 days after the ALS finishes.

Refusal suspensions do not qualify for restricted permits—Idaho law makes them absolute to discourage refusals. ITD's application and checklist for a restricted license can be found here.

6. How the ALS Can Help—or Hurt—Your Criminal Case

• Discovery advantage: Requesting the ALS hearing forces the officer to testify early, locking them into a version of events that can later be cross-examined in court.

• Leverage in plea talks: If you beat the ALS on lack of probable cause or faulty testing, prosecutors know those same defects threaten the criminal case, often leading to reduced charges.

• Timing mismatch: Courts sometimes convict months after an ALS finishes. That can mean you serve a second, longer suspension—even if you've already completed the civil one. Strategic plea negotiations can sync the two suspensions or credit your ALS time toward the criminal term.

7. Common ALS Defense Strategies

Even one successful argument can restore your license and undercut the criminal charge.

8. After the Suspension: Steps to Full Reinstatement

1. Serve all time: Administrative plus any court suspension.

2. Pay reinstatement fees: $245 (ALS) + $285 (court), if separate.

3. Maintain SR-22 insurance for three years, or until you have your case dismissed with a withheld judgment.

4. Complete treatment ordered by the court.

5. Verify IID compliance (where required).

Until every box is checked, ITD's system flags you as “suspended” and law enforcement will arrest you for driving without privileges if pulled over.

9. Special Programs and Hardship Options

• Problem-Solving Courts: Participants in an approved DUI, drug, or mental-health court who have served at least 45 days absolute may petition for a restricted permit—even on longer ALS terms—if the judge certifies “good standing.”

This exception is narrow, so consult counsel before assuming you qualify.

10. Key Takeaways and Practical Tips

1. Mark Day 7: File your ALS hearing request immediately—overnight it if necessary.

2. Gather video evidence early: dash-cam, body-cam, and jail-cam footage often decides ALS hearings.

3. Synchronization matters: Work with your attorney to align ALS and criminal suspensions when possible, sparing you an extra year off the road.

4. Refusal is rarely worth it: The guaranteed 1-year absolute suspension and IID requirement usually outweigh potential gains in the criminal case.

Final Word

An Administrative License Suspension may feel like a mere formality, but it's often the first and fastest penalty you'll face after a DUI arrest in Idaho. Treat it with the same urgency as the criminal charge: act within seven days, prepare a thorough defense, and consider how the ALS outcome will shape negotiations in court. Knowledge and quick action are your best tools for keeping life—and your car—moving forward.