Wednesday, December 23, 2009

ALS Suspensions



Adminstrative License Suspensions (ALS) may have a significant impact on your driving privileges in Idaho. If you are facing an ALS in Idaho you should contact an Idaho DUI Defense lawyer to protect your driving privileges.

There are two types of ALS:

1. Failure of an evidentiary test
2. Refusal of an evidentiary test

Evidentiary Tests

Evidentiary tests usually are comprised of a breath alcohol sensor test called a Breathalyzer test. During a breathalyzer test, you are required to blow into a sensor that reads your breath to determine blood alcohol content. The police may also require you to submit to a forced blood draw where they will take blood samples for blood alcohol testing.

Failure of an Evidentiary Test

If you fail an evidentiary test (i.e. if you have a blood alcohol content of more than 0.08) then your driving license could be suspended for a period of 90 days if it is your first failure in the last 10 years. The first 30 days you will not be allowed to drive at all - the remaining 60 days you can get a temporary permit. To obtain a temporary permit you will have to pay the reinstatement fee and temporary permit fee (~$150.00). You will also have to have proof of SR-22 Insurance. You will also receive a temporary permit that is valid for 30 days, so your ALS Suspension will not begin until 30 days after you were cited for an Idaho DUI. If you have failed an evidentiary test and were cited for an Idaho DUI please contact Mark Petersen, a Pocatello Idaho DUI Lawyer.

Refusal of an Evidentiary Test

If you refuse to submit to an evidentiary test, your driver's license could be suspended for one year and you could be fined $250.00. The one year suspension is an absolute suspensions, meaning that you will not be allowed to drive at all - no temporary permits, no work permits, no driving privileges whatsoever. If you have refused an evidentiary test and were cited for an Idaho DUI please contact Mark Petersen, a Pocatello Idaho DUI Lawyer.

Challenging an Evidentiary Test (Breathalyzer or Blood Draw)

If you desire to challenge a failure of a Breathalyzer or Blood Draw, or if you want to challenge a refusal of an evidentiary test, YOU HAVE SEVEN (7) DAYS TO CHALLENGE THE ALS or you lose your right to challenge the ALS.

Contact Mark Petersen, a Pocatello Idaho DUI Lawyer  for more information regarding ALS if you have been cited with an Idaho DUI.