ALS Hearing

Drivers who feel they were unjustly asked to take a test or those who feel the test was not properly administered and therefore resulted in a negative outcome can request an Administrative License Suspension (ALS) hearing to fight the immediate suspension. The ALS hearing is completely separate from the actual DUI case and only deals with the immediate state your driver's license. Drivers do not have a lot of time to make the request, however, and must act quickly.

Requesting An Appeal Hearing

In Idaho, drivers have only 7 days from the arrest date to request an ALS hearing to fight the immediate suspension. In order to do this, drivers must write a formal letter and send it to the Department of Transportation. If you miss the deadline, you will not be able to fight the initial suspension. If you choose to request a hearing, it is very important to seek the help of an experienced DUI attorney when preparing for the request and procedure.

It should be noted that even if you win the ALS hearing and get your license back, it may be only temporary. License suspension terms can still be ordered during the court proceedings for the actual DUI charge.

See: Idaho Code: 18-8002A - Suspension Upon Failure Of A Test

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