If a driver fails a BAC test the Department Of Transportation suspends their drivers license for 90 days beginning 30 days from the date of failure. The first 30 days of this suspension are absolute. This is a civil suspension and is unrelated to the DUI case.
Drivers can challenge this suspension but only on very narrow grounds. ALS suspensions can be challenged by drivers who feel they were unjustly asked to take a BAC test, those who feel the test was not properly administered, and those who feel the testing device was not preforming properly. An ALS hearing will not take up any other matters, including guilt or innocence of DUI, and the burden is on the driver to prove the assertion, not the other way around.
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.
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.
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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. Hire someone who knows this process.