DMV Hearing Attorney in Boise

Protecting Driving Privileges After an Idaho DUI Arrest

If you have been arrested for a DUI in Boise, Meridian, Garden City, or anywhere in Idaho, you are likely facing not only criminal charges but also a separate administrative process that can impact your driving privileges: the Idaho Transportation Department (ITD) Driver's License Suspension Hearing, often referred to as a DMV Hearing.

Many individuals mistakenly believe that their driving privileges are only at risk if they are convicted of a DUI in court. However, the DMV hearing is a distinct legal proceeding with its own rules and potential consequences. It can result in a license suspension regardless of the criminal case's outcome. This is why acting swiftly and understanding the importance of this hearing is critical.

Call (208) 842-3892 or contact us online for a free initial consultation with a Boise DMV hearing lawyer. 

What Is the DMV Hearing?

The DMV hearing is an administrative process determining whether your driver's license should be suspended following a DUI arrest. 

This hearing is separate from your criminal court proceedings and focuses on specific aspects related to your arrest, such as:

• Did the law enforcement officer have reasonable suspicion to stop you?
• Were you lawfully arrested for DUI?
• Were you adequately informed of your rights regarding chemical testing?
• Did you refuse to submit to a chemical test (breath, blood, or urine)?
• Did the chemical test result indicate a blood alcohol concentration (BAC) of 0.08% or higher (or 0.04% or higher for CDL holders)?

The burden of proof in a DMV hearing is lower than in a criminal trial. The ITD only needs to show by a preponderance of the evidence (meaning it is more likely than not) that the legal requirements for a license suspension have been met.