49
mandatory driver’s license suspension of one year (two years if under
21). Ignition interlock device is required after one year mandatory
suspension.
•
For three or more convictions within 10 years
— Mandatory jail
sentence from 30 days to ten years (10 days to six months if under 21);
up to a $5,000 fine (up to $2,000 if under 21); mandatory driver’s license
suspension from one to five years (if under 21, mandatory suspension for
1 year or up to age 21 whichever is greater). Ignition interlock device is
required after one year mandatory suspension. This conviction is a felony.
Alcohol Test Refusal
Implied Consent – Any person who drives or is in physical control of a motor
vehicle has given their consent to take a BAC or drug test if they are suspected
of driving under the influence, under the provisions of Section 18-8002, Idaho
Code. If you refuse to take the test when requested to do so by a law
enforcement officer, your driver’s license is subject to suspension under the
provisions of Section 18-8002, Idaho Code.
If you refuse to take the test as requested, the officer will issue you a notice of
suspension. If the court upholds the officer’s findings, your license will be
suspended for one year with absolutely no driving privileges of any kind if it is
your first offense.
A second refusal within 10 years will result in a two-year absolute suspension.
This penalty is in addition to any penalty you receive in court for a DUI
conviction
.
Administrative License Suspensions
If you are arrested for operating a motor vehicle while under the influence of
alcohol or other intoxicating substances and you fail an evidentiary test by
having an alcohol concentration over the legal limit, a peace officer will serve
you with a Notice of Suspension. This notice is an Idaho Transportation
Department-imposed administrative driver’s license suspension (ALS), that is
issued in accordance with Section 18-8002A, Idaho Code. You have the right to
request an administrative hearing on the suspension before a hearing officer
designated by the department.
The Administrative License Suspension penalty is a civil penalty and is separate
and apart from any criminal penalties imposed by the court system. If you
receive an Administrative License Suspension, you must comply with the ALS
requirements, and also appear in court on your appointed date regarding the
criminal DUI charges brought against you. Your notice of suspension becomes
effective thirty (30) days after the date of service (the date you received the
notice). For a first failure, your driving privileges will be suspended for a period
Summary of Contents for Star
Page 1: ......
