Driver’s License Suspension
If you have been arrested for DUI in Idaho based on a breath or blood test, you have just seven calendar days from the date of the test results (usually the date of your arrest) to request an administrative hearing to challenge the automatic suspension of your driver’s license. The length of your driver’s license suspension depends on a number of things:
- Are you under age 21?
- Do you have a previous DUI conviction within the past 5 years?
- Did you refuse to take the breath or blood test?
If you need a lawyer to fight your driver’s license suspension, contact Minert Law Office in Boise, Idaho. Steve Minert can handle your administrative license hearing as well as any criminal charges you may face for DUI.
How Administrative License Suspension (ALS) Hearings Work
An administrative license suspension hearing is different than a criminal case. It is considered a civil proceeding instead of a criminal proceeding, and only covers whether the Idaho Department of Transportation has the authority to take away your driving privileges. The ALS hearing will be conducted by an administrative hearing officer, rather than a judge. The hearing officer has the right to examine evidence and take testimony.
Unlike a criminal case, where the burden of proof is on the prosecutor to prove your guilt beyond a reasonable doubt, it is your burden at an administrative hearing to prove more likely than not that the state does not have reason to suspend your driver’s license. Administrative hearings are usually much shorter than criminal trials, and are conducted by telephone in most circumstances. The hearing is a chance for your lawyer to seek a further look at the state’s case, so it serves dual purposes in your defense.
Our Experienced DUI Defense Team
Because a DUI is very commonly charged, Minert Law Office focuses a significant part of its criminal defense practice to DUI cases. Steve has extensive experience defending clients at administrative hearings, as well as in the corresponding criminal proceedings. With experience both as a prosecutor and as a defense attorney, Steve Minert has a broad-based understanding of issues that can affect your rights, and which may change the outcome of your case.
Contact Our Idaho DMV Hearing Lawyers
To talk with a Boise driver’s license suspension attorney, call 208-991-3394 or contact us by e-mail. Please give us a call. We can help!