When you are stopped in Idaho on suspicion of driving while under the influence of alcohol (DUI) and you blow into the breach alcohol monitor, or have your blood drawn, and receive a result of .08 or higher, the department of transportation immediately suspends your Idaho driver’s license.
If it is the first time you have been found to be driving with a BAC of .08 of higher, then the Idaho Department of Transportation will suspend your license for a period of 90 days, the first 30 days absolute (meaning no work priviliges). If it is your second time within 5 years they will suspend it for a period of 365 days absolute.
The department will give you a temporary permit to drive for 30 days before the suspension takes effect. You will have 7 days from the day you are stopped to file an appeal of the driver’s license suspension. Within 20 days of your appeal you will be given a hearing before an Idaho Department of Transportation hearing officer to determine whether you have any grounds to contest the suspension. If the hearing officer determines that the suspension was issued wrongfully then the officer will ‘vacate’ the suspension and restore your driving privileges. If the officer determines the suspension was issued rightfully then he will ‘sustain’ the suspension.
It is important to understand that this process is a separate case from your criminal DUI case. If you plead guilty or are found guilty of a DUI, then your license will be suspended further by the court.
Since you only have 7 days to appeal the Idaho Transportation Department’s suspension, it is important to hire a DUI attorney right away to take care of this for you. If you miss the 7 day deadline, you will not have an opportunity to contest the suspension. Ironically what this means is you could beat the DUI criminal charge and still have to suffer the driver’s license suspension.