ALS Hearing Lawyer in Idaho Falls
Experienced Idaho Falls DUI Attorney
Whether you’re facing a first-time DUI charge or a more serious felony DUI, the Cutler Law Office, P.A. is here to protect your rights and defend your driving privileges.
With over 30 years of experience, our Idaho Falls criminal defense attorney, John Cutler, is skilled in handling cases ranging from misdemeanor DUIs to complex felony DUI charges
What Is an ALS Hearing in Idaho?
In Idaho, an Administrative License Suspension (ALS) is a separate process from your criminal DUI case. It specifically addresses the suspension of your driver’s license following a DUI arrest. This suspension is separate from any suspension you may get from the DUI Charge and is triggered if you fail a chemical test, such as a breath or blood test.
Your ALS Is Separate from a Criminal DUI Charge
An Administrative License Suspension (ALS) is a separate process from a criminal DUI charge in Idaho. The ALS is an administrative action by the Idaho Transportation Department (ITD) that automatically suspends your license if you fail a chemical test.
If you are found guilty of a DUI, the court imposes its own license suspension, and you must meet additional requirements, such as paying a reinstatement fee (separate from the ALS admin fee), maintaining an SR-22 insurance policy for three years, and installing an ignition interlock device.
If you are found not guilty of the DUI charge, the ALS suspension remains valid. You must comply with the ALS requirements, including paying fees, installing an ignition interlock device, and completing any necessary steps, to reinstate your driving privileges.
Do You Have to Get an SR-22 to Reinstate?
Even though your offense may not have had anything to do with not having insurance, you may still be required to get an SR-22 in order to get your license back. Idaho Code 49-1208 explains the various suspensions that require an SR-22 for reinstatement.
How to Request an ALS Hearing
After receiving a Notice of Suspension, you only have seven days from the date of service on your Notice of Suspension to request an ALS hearing. Check the back of the Notice of Suspension provided by law enforcement for detailed instructions on requesting a hearing. You can send your written request in one of two ways (please verify these addresses on the back of your Notice of Suspension):
- Email it to [email protected]
- Mail it to:
Idaho Transportation Department
Attn: Driver Services
PO Box 7129
Boise, ID 83707-1129
If you do not request a hearing within the seven-day window, your license will automatically be suspended 30 days from the Notice of Service —up to 90 days for a first offense or one year if this is your second or more failure of an evidentiary test within 5 years. The one-year suspension is absolute meaning no restricted driving permit possible. The 90-day suspension is absolute for the first 30 days of the suspension and you can apply for a restricted driving permit for the remaining 60 days.
Can I Drive in the Meantime?
During the first 30 days of a 90-day license suspension in Idaho, you cannot drive under any circumstances. After the initial 30 days, you may be eligible to apply for a Restricted Driving Permit (RDP) for the remaining 60 days.
To apply, you must submit Form ITD 3227 and pay an application fee, along with prepaying the ALS reinstatement fee. Approval of the RDP allows limited driving privileges, such as commuting to and from work and for work purposes, for schooling & medical purposes.
What Happens During an ALS Hearing?
The ALS hearing is an opportunity to challenge the suspension of your driver’s license and present evidence in your defense. During the hearing, the Idaho Transportation Department will review (among other things) whether:
- The officer had reasonable grounds to stop and test you.
- The chemical test was properly administered.
- Your BAC was above the legal limit.
Possible Outcomes of an ALS Hearing
An ALS hearing can have one of the following outcomes:
1. License Suspension Upheld
The suspension remains in effect and you will need to reinstate your license when the suspension is over..
2. License Suspension Overturned
If the hearing officer finds procedural errors or insufficient evidence, your suspension can be lifted, and you retain your driving privileges.
3. Modification of Suspension
In some cases, you may qualify for a restricted driving permit, allowing you to drive to work, school, or other essential locations during the suspension period. The only exception to the 1 year absolute driver’s license suspension is if you are admitted to a problem solving court program. They can give a restricted driving permit after 45 days of an absolute suspension.
Ignition Interlock Requirement for ALS Suspensions
In Idaho, all administrative license suspensions (ALS) require the installation of an ignition interlock device (IID), even if your DUI case involved drugs rather than alcohol. This requirement applies unless the court specifically waives it.
To determine the end date of your interlock requirement, is typically 1 year after the end of your driver’s license suspension. However, the court can vary this requirement and can make you have an interlock if you obtain a restricted driving permit. It’s important to comply with this requirement fully, as failing to do so can delay lead to other charges.
How to Appeal an ALS Decision
If the ALS hearing does not end in your favor, you can appeal the decision to district court. However, this process involves strict deadlines and procedural requirements. An experienced DUI lawyer can guide you through the appeal process and help build a compelling argument for your case.
Why You Need a Lawyer for Your ALS Hearing
ALS hearings are highly technical and require an understanding of both administrative and DUI laws. An experienced Idaho Falls DUI attorney can:
- Review the evidence against you for procedural errors or violations of your rights.
- Challenge the validity of chemical tests, including faulty calibration or improper administration.
- Present evidence and testimony to argue why your suspension should be overturned.
- Explore alternative options, such as restricted driving privileges, if applicable.
John Cutler’s unique qualifications set him apart from other attorneys. As a member of the National College of DUI Defense and a former deputy prosecuting attorney, he has extensive training in DUI law and procedure. He has completed the same certification courses as law enforcement officers for investigating DUI cases and conducting field sobriety tests and knows how to identify flaws in the case against you.
Contact an Idaho Falls ALS Lawyer Today
If you’ve been arrested for DUI and are facing an ALS, time is of the essence. Contact the Cutler Law Office, P.A. immediately to request your hearing and begin building your defense. We’ll help you navigate the process, challenge the evidence against you, and work to protect your right to drive.
Contact the Cutler Law Office, P.A. to determine which course of action can protect you!
