Our criminal defense lawyers at Boise Advocate can help. Not only can we schedule your Administrative License Suspension (ALS) hearing, we can represent you to help get a positive outcome. Failure to schedule the hearing means you waive your rights to contest DUI license suspension and get your license reinstated--even if you are found not guilty of driving under the influence!
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Following an arrest, you may request either an informal or a formal hearing with the state Department of Transportation or also known as the DMV. An informal hearing is held by one of the officers from the department, who will review all materials presented by the law enforcement and defendant. There is no need to bring witnesses to this hearing and no need for the officer to even show up. The department is required to send their decision regarding the ALS hearing within 21 days of the temporary license being expired.
On the other hand, the formal hearing will be a much more rigorous process. While still held with a department official, it will also include the presentation of witnesses, testimony and any relevant evidence that may aid in the department in coming to a successful conclusion. During a formal ALS DUI hearing, it is required that the defendant who requested the hearing to show up in person, otherwise, their right to a hearing is waved and they will suffered from an automatic suspension regardless.
T he ALS hearing will not discuss the question of your criminal guilt. Instead, it will deal with the arrest process. This will include whether or not the officer had reason to believe you were under the influence of alcohol and therefore probable cause for the traffic stop and DUI testing. They will also ask the following questions:
It is important to remember that even if the IDAHO DMV does not decide to suspend your license, you may still losing driving privileges due to criminal penalties. The two are independent ordeals and do not depend on the findings of one another.