By John Cutler on April 7th, 2020 in DUI
While everyone is hunkering down and hoping this Coronavirus ordeal will soon pass, I want to give some tidbit advice and knowledge regarding a deadline associated with the DUI’s administrative driver’s license suspension and its penalties.
The administrative driver’s license suspension or ALS suspension is a separate suspension from the driver’s license suspension you will receive if you are convicted of a DUI. This suspension is triggered if your breath, blood, or other evidentiary test is over the legal limit or shows you are impaired by drugs.
First ALS Suspension
Your first ALS suspension is a 90-day suspension of your driver’s license, with the first 30 days being an absolute, no privileges or work permits allowed. If you have a CDL license, in addition to the 90-day suspension of your regular driver’s privileges, you will receive a one-year absolute disqualification of your CDL privileges.
Second ALS Suspension
A second ALS suspension within 5 years of a prior ALS, results in a one-year absolute, no privileges or permit allowed, suspension of your driver’s license. If you have a CDL license, the second ALS suspension regardless of how old the prior ALS was, results in a lifetime disqualification of your CDL privileges.
Either of the above suspension will also require you to install an interlock device on any vehicle you drive for a period of one year following the end of your suspension. Thus, the ALS suspensions is a very serious penalty and is often overlooked because the Courts are not required to tell you about it because it is separate from the court action on the DUI charge.
What Triggers an ALS Suspension?
The ALS suspension is triggered when you fail an evidentiary test. This is usually a breath or blood test and a failure means the results were over the legal limit. When this happens, you will be served with a “Notice of Suspension” that has a “Date of Service” on it. If your test was a breath test, the Notice of Suspension, will be given you with your ticket. If you were given a blood test your Notice of Suspension and Date of Serve will be served on you by mail at the address that the Idaho Department of Transportation has on file. So, it is important to check and make sure the Department has your correct address, or you could miss your deadline to file for a hearing.
IMPORTANT DEADLINE – you will only have 7 days from the date of service to request an administrative hearing or the suspensions will automatically go into effect 30 days from the date of service. As noted above, this is an important deadline you do not want to miss and is often overlooked.
So now you know, and you can tell your friends because it will be them and not you that needs this advice – right.
John E. Cutler, and the Cutler Law Office, P.A. is a DUI and Criminal Defense Law Firm that has been helping people for 30 years. Mr. Cutler is one of the few attorneys in Idaho that is a member of the National College of DUI Defense. More on Mr. Cutler’s background can be found at https://idahofallslawgroup.com/attorney-profile/.
