Idaho Traffic Safety Resource Prosecutor

www.TSRP-Idaho.org



License Suspensions

REFUSAL SUSPENSION – I.C. § 18-8002

1. LICENSE SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE

2. REFUSAL SUSPENSIONS

3. ADMINISTRATIVE LICENSE SUSPENSION (ALS)

4. COURT IMPOSED SUSPENSION

5. RESTRICTED PERMITS

6. COMMERCIAL DRIVER’S LICENSE (CDL) SUSPENSIONS

When arrested, a driver may refuse to take the test, but upon refusal the arresting officer will seize the driver’s license. The officer may issue a temporary driving permit good for 30 days, giving the driver an opportunity to request a hearing through the Court.  A written request for a refusal hearing must be made within 7 calendar days. If the Court upholds the officer's findings, the license will be suspended for 1 year for refusing to take the evidentiary test if it is a first offense. This penalty is in addition to any penalty the driver may receive in court for an alcohol or drug-related conviction. A second refusal within ten years will result in a 2-year suspension. These suspensions do not provide for restricted privileges of any kind.  In addition, the driver is subject to a civil penalty of $250.00 for refusing to take the test.