Idaho DUI License Suspensions

Upon arrest for DUI in the state of Idaho, two separate actions will be initiated against the alleged DUI offender. A criminal DUI case will be filed by the state and processed through the criminal court system. A civil administrative action will also commence through the Idaho Transportation Department. This section explains the civil administrative process and penalties. For more information on the criminal aspect of a DUI case, click on the Idaho Penalties and Process tabs.

IMPLIED CONSENT - Any person who drives or is in actual physical control of a motor vehicle in the state of Idaho is deemed to have given his/her consent to evidentiary testing for concentration of alcohol and the presence of drugs or other intoxicating substances administered at the request of a peace officer with reasonable grounds to believe a DUI violation has occurred. Persons who are requested to submit to testing must be informed that a refusal to submit or a failure to complete evidentiary testing will result in a civil penalty of $250 and the revocation of the person's driver's license.

Idaho DUI Administrative Hearing Process

An administrative hearing is a hearing conducted by a hearing officer to determine whether a license suspension should be vacated or sustained. A hearing officer is a person designated by the department to conduct administrative hearings. The hearing officer has the authority to administer oaths, examine witnesses and take testimony, receive relevant evidence, issue subpoenas, regulate the course and conduct of the hearing and make a final ruling on the issues before him.

CHEMICAL TEST REFUSAL PROCEDURE - Upon refusal or failure to submit to chemical testing, the police will confiscate the DUI offender's driver's license and issue them a temporary permit (so long as their license was not already suspended or revoked due to previous violations). The temporary permit will be valid for 30 days, or until the date a decision has been made following an administrative review hearing. Drivers of commercial vehicles who refuse chemical testing will not be issued a temporary permit. Persons who refuse chemical testing may request a hearing within 7 days to show cause why he/she refused to submit or complete evidentiary testing. Failure to request a hearing will result in the automatic absolute suspension of the person's driver's license for a period of one year for a first time refusal or two years for a second refusal within 10 years. No permit will be issued during the time of the suspension. At the hearing, the only issue will be why the defendant did not submit to, or complete, evidentiary testing. The burden of proof is on the defendant. If the court finds that the police did not have legal cause to stop and request the person to submit to chemical testing, or if the request violated the person's civil rights, the $250 civil penalty will be dismissed and the person's driver's license will be fully reinstated. The court's decision to uphold an administrative license suspension following a hearing may be appealed to the district court.

CHEMICAL TEST "FAILURE" - Persons who fail to pass evidentiary testing for alcohol or other intoxicating substances will also have their driver's license seized by the police. They will be issued a notice of suspension and a temporary driving permit so long as their driver's license or permit has not already been suspended or revoked. There is a right to request a hearing to contest the suspension of the person's driver's license. The hearing must be requested within 7 days of the date of arrest. At the hearing, the DUI offender will have the burden to show cause why they refused to submit to or to complete and pass evidentiary testing and why their driver's license should not be suspended. For cases involving a chemical test result that produced an illegal blood alcohol or drug content, the hearing will be limited to the following issues: whether the peace officer had legal cause to stop the person; whether the officer had legal cause to believe the person had been driving or was in actual physical control of a vehicle while under the influence of alcohol, drugs or other intoxicating substances; whether the test results showed an alcohol concentration or the presence of drugs or other intoxicating substances; whether the tests for alcohol concentration, drugs or other intoxicating substances administered at the direction of the peace officer were conducted in accordance with the requirements of section 18-8004(4), Idaho Code, or the testing equipment was not functioning properly when the test was administered; and whether the person was informed of the consequences of submitting to evidentiary testing. The burden of proof will be on the defendant. If the hearing officer finds that the person has not met his burden of proof, he will sustain the suspension. The hearing officer will make findings of fact and conclusions of law on each issue and enter an order vacating or sustaining the suspension. If the suspension is vacated, the person's driver's license, unless unavailable by reason of an existing suspension, revocation, cancellation, disqualification or denial will be returned to him. If the suspension is sustained, it will go into effect immediately and the DUI offender may appeal to the district courts for further review.

ADMINISTRATIVE LICENSE SUSPENSION PENALTIES IN IDAHO

FIRST OFFENSE CHEMICAL TEST "FAILURE" - 90 day license suspension; restricted noncommercial vehicle driving privilege may be requested after 30 days

SECOND AND SUBSEQUENT OFFENSE CHEMICAL TEST "FAILURE" WITHIN 5 YEARS - one year license suspension; no restricted driving permit available during suspension period

FIRST OFFENSE CHEMICAL TEST REFUSAL - one year license suspension

SECOND OFFENSE CHEMICAL TEST REFUSAL WITHIN 10 YEARS - 2 year license suspension