When a driver is arrested for driving under the influence of alcohol or other intoxicating substances and fails an evidentiary test by having an alcohol concentration over the legal limit, the arresting officer will serve the driver with a “Notice of Suspension.”  This notice is an Idaho Transportation Department imposed Administrative License Suspension (ALS), issued in accordance with Section 18-8002A, Idaho Code. 

A driver has the right to request an administrative hearing on the suspension before a hearing officer designated by the department.  The ALS penalty is a civil penalty and is separate and apart from any criminal penalties (including license suspensions) imposed by the court system.  When a driver receives an Administrative License Suspension, he/she must not only comply with the ALS requirements, but must also appear in court on the appointed date regarding the criminal DUI charges.  The notice of suspension becomes effective 30 days after the date of service.  The ALS does not apply to an individual with a BAC of less than .08, unless evidentiary testing shows impairment by drugs or other intoxicating substances.