An Idaho DUI arrest can start a driver’s-license case before the criminal charge is resolved. If you completed an evidentiary breath, blood, or urine test and the result violated Idaho’s DUI laws, the Idaho Transportation Department may impose an administrative license suspension, usually called an ALS.
The most urgent point is the deadline: a written request for an ALS hearing must be received by ITD within seven calendar days after service of the suspension notice. The date of service on the notice controls. If you miss that window, you waive the right to contest the ALS through the administrative hearing process.
An ALS is not the same as a test-refusal suspension. If the allegation is that you refused or failed to complete evidentiary testing, read our guide to Idaho implied consent and test refusal.
Idaho ALS at a Glance
| Issue | First failed evidentiary test | Second or later failed test within five years |
|---|---|---|
| Total ALS period | 90 days | 1 year |
| Absolute suspension | First 30 days | Entire suspension |
| Restricted noncommercial driving | May be requested for the remaining 60 days if eligible | Not available under the ordinary ALS rule |
| Hearing deadline | Written request received by ITD within 7 calendar days after service | Same |
| When suspension normally begins | 30 days after service of the notice | 30 days after service of the notice |
These are administrative consequences under Idaho Code section 18-8002A. A criminal court may impose a separate suspension if there is a DUI conviction.
The ALS and the Criminal DUI Case Are Separate
Idaho treats the license matter and the criminal charge as two different proceedings:
- ALS proceeding: A civil administrative matter handled by ITD after a failed evidentiary test.
- Criminal DUI case: A court case that can involve jail, fines, probation, treatment, a court-ordered license suspension, and other consequences.
A favorable result in one track does not automatically decide the other. For example, dismissal or acquittal of the DUI charge does not by itself erase an ALS that was not timely contested or that ITD sustained after a hearing. Likewise, winning the ALS hearing does not dismiss the criminal charge.
If both an ALS suspension and a criminal DUI suspension arise from the same event, Idaho Code section 18-8002A generally provides for the periods to run concurrently, up to the longer applicable period, unless the criminal court orders otherwise. The dates and orders still need to be reviewed carefully; never assume one matter has cleared the other.
The Seven-Day ALS Timeline
Day 0: Service of the Notice
The critical date is the date you were served with the Notice of Suspension and notice of the ignition-interlock requirement. Review the front and back of the document immediately and keep a complete copy.
By Day 7: ITD Must Receive the Hearing Request
Under Idaho Code section 18-8002A(7), the hearing request:
- must be in writing;
- must be received by ITD within seven calendar days after service; and
- must identify the issue or issues to be raised.
ITD’s current ALS fact sheet says a request should include at least the driver’s name, license number, and daytime phone number. It lists ALSPublic@itd.idaho.gov for emailed requests and provides a mailing address on the notice and fact sheet. Follow the instructions on your own notice, confirm delivery, and keep proof that ITD received the request.
Day 30: The Suspension Normally Takes Effect
The ALS ordinarily becomes effective 30 days after service of the notice. A first failed-test ALS lasts 90 days. Its first 30 days are absolute, meaning no driving privileges of any kind. An eligible driver may request a restricted driving permit for the remaining 60 days.
Do not confuse the initial 30-day period before the suspension takes effect with the first 30 days of the suspension itself. They are different periods.
What Happens at an ALS Hearing?
An ALS hearing is narrower than a DUI trial. It is conducted by an ITD hearing officer, and Idaho law places the burden on the driver to prove by a preponderance of the evidence that the suspension should be vacated.
Under section 18-8002A(7), the hearing officer may vacate the suspension if the driver proves one or more of these statutory grounds:
- The officer lacked legal cause to stop the driver.
- The officer lacked legal cause to believe the driver had been driving or was in actual physical control while under the influence.
- The test result did not show a violation of the applicable Idaho DUI statute.
- The testing did not comply with Idaho’s requirements, or the testing equipment was not functioning properly.
- The driver was not given the testing-consequence information required by the ALS statute.
The officer’s sworn statement, the suspension notice, test results, and certain calibration or quality-control records may be admitted at the hearing. The arresting officer does not automatically have to appear, although the hearing officer has subpoena authority.
The hearing generally must occur within 20 days after ITD receives the request. A hearing officer may extend that period by up to 10 days for good cause, but the statute says an extension does not itself stay the suspension.
Evidence Worth Preserving Immediately
The precise evidence depends on whether the case involves breath, blood, or urine testing. Useful material can include:
- the complete notice of suspension, including the date of service;
- the officer’s sworn statement and incident reports;
- body-camera, dash-camera, jail, and booking video;
- dispatch and 911 records;
- breath-instrument records and operator documentation;
- blood- or urine-laboratory records, chain-of-custody documents, and collection records;
- medical records relevant to testing or observed symptoms; and
- names and contact information for witnesses.
The ALS hearing issues are limited, so the goal is not simply to gather everything. The evidence must connect to one of the statutory grounds the hearing officer is allowed to decide. Our overview of fighting a DUI charge in Idaho explains how testing and stop evidence may also affect the criminal case.
If the ALS Is Sustained
If the hearing officer sustains the suspension—or no timely hearing was requested—the next steps depend on the driver’s record and the type of suspension.
For a first 90-day ALS, those steps may include:
- serving the 30-day absolute-suspension period;
- applying to ITD for restricted noncommercial driving privileges for the remaining 60 days, if eligible;
- paying the applicable ALS reinstatement and permit fees;
- providing insurance documentation required by ITD; and
- complying with the separate ignition-interlock requirement unless a court grants relief under Idaho law.
ITD currently lists a $245 ALS reinstatement fee and a $60 restricted-driving-permit fee. Fees and forms can change, so verify the amount on the current ITD driver-records and suspensions page before submitting payment.
A second or subsequent failed-test ALS within five years carries a one-year suspension with no ordinary restricted privileges under section 18-8002A(4)(a)(ii). Narrow exceptions may apply to qualifying participants in certain problem-solving court programs.
Do Not Drive Until Your Status Is Valid
Finishing the calendar portion of a suspension does not necessarily make a license valid. ITD may still be waiting for fees, proof of financial responsibility, or another reinstatement requirement. Driving before privileges are valid can create a separate criminal charge and make the original situation worse.
Before driving, verify your status through Idaho DMV and make sure you physically possess any permit required for restricted driving. Our SR-22 and license reinstatement guide explains the practical clearance process.
Frequently Asked Questions
Is the ALS hearing deadline seven business days?
No. Idaho Code section 18-8002A says ITD must receive the written request within seven calendar days after service of the notice.
Does asking for a hearing stop the suspension?
The hearing is normally scheduled before the suspension’s 30-day effective date. The statute specifically says that an extension of the hearing date does not itself stay the suspension. Check the hearing notice and your driving status rather than assuming you may continue to drive.
Can I drive during the first 30 days of a first ALS?
Not during the first 30 days of the suspension. Those 30 days are absolute. The ALS itself normally begins 30 days after service of the notice, which is why the two periods are sometimes confused.
Can I get a restricted permit?
After the 30-day absolute portion of a first 90-day ALS, an eligible driver may apply to ITD for restricted noncommercial privileges during the remaining 60 days. A permit is not automatic, and it cannot authorize operation of a commercial motor vehicle.
What if my DUI charge is dismissed?
The criminal disposition does not automatically erase the separate ALS. ITD’s current guidance says the ALS remains valid unless it was successfully contested or otherwise resolved through the administrative process.
Where is the ALS hearing held?
ITD may conduct ALS hearings by telephone so long as each participant can take part in the entire proceeding. The hearing notice will provide the specific instructions.
Talk With an Idaho DUI Defense Attorney
The ALS deadline arrives much sooner than most criminal-court deadlines. If you were served with an Idaho notice of suspension, contact Attorneys of Idaho promptly so the correct hearing request, evidence, and criminal-defense strategy can be evaluated together.
This page provides general information, not legal advice for a particular case. Laws, fees, forms, and procedures can change.
Talk With an Idaho DUI Defense Attorney
Deadlines and defense options depend on the facts of your case. Contact Attorneys of Idaho for a free, confidential case review.
