Boise DUI License Suspension vs. DUI Conviction – If you’ve been arrested for DUI in Idaho, you may assume your biggest concern is the criminal charge. However, many people are surprised to learn that they are actually facing two separate legal processes: administrative license suspension and a criminal DUI case. Understanding the difference is critical if you want to protect your driving privileges, your record, and your future.
As a trusted DUI Lawyer Boise, Jared W. Sommer at J.Sommer Law regularly helps clients fight both processes. Knowing how these systems work — and how they interact — can make a major difference in the outcome of your case.
Two Separate Cases After a DUI Arrest
After a DUI arrest in Boise, you are not just dealing with one legal matter. Instead, Idaho law creates:
- Administrative License Suspension (ALS) through the Idaho Transportation Department
- Criminal DUI charges handled in court
These proceedings are independent. This means you could win one and lose the other. Many drivers don’t realize this until it’s too late.
What Is Administrative License Suspension (ALS)?
Administrative License Suspension is a civil process, not a criminal one. It focuses only on whether your driver’s license should be suspended — not whether you are guilty of DUI.
ALS usually begins when:
- You fail a breath or blood test
- Your BAC is 0.08% or higher
- You refuse testing under Idaho’s implied consent law
Here’s the critical part:
You typically have only 7 days from the date of arrest to request an ALS hearing. If you miss this deadline, your license suspension goes into effect automatically.
Penalties for a first ALS include:
- 90-day suspension for a failed test
- 1-year suspension for refusal
- Ignition interlock requirements in many cases
Because this process moves quickly, hiring an experienced DUI Lawyer Boise right away is essential. Jared W. Sommer can file the request and challenge the suspension before the state locks in penalties.
What Happens at an ALS Hearing?
The ALS hearing is your chance to challenge the state’s evidence. Common defenses include:
- The traffic stop was unlawful
- The officer lacked reasonable suspicion
- The testing procedure was flawed
- The equipment was not calibrated correctly
Winning this hearing can preserve your driving privileges, even if the criminal case is still pending.
What Is the Criminal DUI Case?
Separate from ALS, your DUI charge moves through the Idaho court system. This process determines whether you are legally guilty of driving under the influence.
The criminal case focuses on:
- Evidence of impairment
- BAC test reliability
- Police conduct and constitutional rights
- Witness statements and video footage
Penalties for conviction may include:
- Jail time
- Fines and court costs
- Mandatory alcohol education
- License suspension or restrictions
- A permanent criminal record
Unlike ALS, this process can take months and involves negotiations, motions, and possibly trial.
Why the Outcomes Can Be Different
Many Boise drivers assume that if their license is suspended, they must be guilty. This is not true.
For example:
- You could lose your ALS hearing but win the criminal case
- Charges could be reduced or dismissed
- Evidence might be suppressed in court
- Breath or blood results could be ruled unreliable
This is why early legal representation matters. A skilled attorney evaluates both cases together and builds a coordinated defense strategy.
Why Timing Is Everything
The biggest mistake DUI clients make is waiting too long to get help. The first 7 days after arrest are crucial because:
- Evidence can disappear
- Witnesses become harder to locate
- Administrative deadlines pass quickly
- Prosecutors begin building their case immediately
At J.Sommer Law, Jared W. Sommer acts quickly to protect your rights, challenge evidence, and preserve your ability to drive.
How J.Sommer Law Protects Boise Drivers
As a seasoned trial attorney and experienced DUI Lawyer Boise, Jared W. Sommer provides:
- Immediate ALS hearing requests
- Strategic defense of your criminal case
- Clear communication and realistic guidance
- Aggressive courtroom representation
- A personalized plan based on your goals and circumstances
For over 20 years, he has helped clients across Ada and Canyon Counties minimize penalties and move forward with confidence.
Final Thoughts
A DUI arrest in Idaho doesn’t mean automatic conviction or permanent loss of your license. Understanding the difference between license suspension and criminal DUI charges is the first step toward protecting your future.
If you’ve been arrested for DUI in Boise, don’t panic — but don’t delay either. You have options, but only if you act quickly. Let J.Sommer Law guide you through the Idaho DUI process with confidence and clarity.
Call (208) 440‑8173 or contact us online for a free DUI defense consultation today.
