Idaho DUI Defense and Administrative License Suspension (ALS) Hearing Package

IDAHO DUI DEFENSE AND ADMINISTRATIVE LICENSE SUSPENSION (ALS) PACKAGE

PART 1 — IMPLIED CONSENT / ALS SUMMARY AND INTAKE

Client Intake Snapshot

PART 2 — REQUEST FOR ADMINISTRATIVE LICENSE SUSPENSION HEARING

Idaho Transportation Department — Driver Services

REQUEST FOR HEARING

Pursuant to Idaho Code § 18-8002A(7), the Petitioner requests an administrative hearing on the suspension imposed by the Notice of Suspension issued on the above date. Petitioner requests a stay of suspension pending the hearing as provided by statute and rule.

Issues to be considered (§ 18-8002A(7)(b)):

• ☐ Whether the peace officer had legal cause to stop the person.
• ☐ Whether the officer had legal cause to believe the person had been driving or was in actual physical control of a vehicle while under the influence in violation of § 18-8004, § 18-8004C, or § 18-8006.
• ☐ Whether the test was conducted in accordance with the requirements of § 18-8004(4) and ISP standards (IDAPA 11.03.01).
• ☐ Whether the test results identified an alcohol concentration of .08 (or .02 / .04) or above (or any drug or intoxicating substance).
• ☐ Whether the person, if requested by the officer to submit to or complete evidentiary testing, refused.
• ☐ Whether the officer provided the advisory statutorily required by § 18-8002(3) and § 18-8002A(5).

Hearing mode: ☐ Telephonic (default) ☐ In-person (specify reason)

Subpoena requests (attach): ☐ Arresting officer ☐ Breath operator ☐ ISP analyst ☐ Phlebotomist ☐ Custodian of instrument records

Document requests:

1. Officer's sworn statement of probable cause / DUI report;
2. Notice of Suspension and proof of service;
3. Breath test ticket; instrument's lot performance verification and standard solution change records;
4. Operator certifications under IDAPA 11.03.01;
5. Blood/urine lab reports, chain of custody, chromatographic data;
6. Officer's NHTSA SFST certification and training records;
7. Dash/body-cam video; CAD logs.

Respectfully submitted on [__/__/____].

PART 3 — DEMAND FOR DISCOVERY (CRIMINAL CASE)

Court: [____] Judicial District / Magistrate Division of [________________________________] County
Case No.: [________________________________]

DEFENDANT'S REQUEST FOR DISCOVERY

Pursuant to I.C.R. 16, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and Idaho Const. art. I, §§ 13 and 17, Defendant requests the State produce:

1. Defendant's written, recorded, or oral statements.
2. Defendant's prior criminal record.
3. Books, papers, documents, photographs, body-cam, dash-cam, station/booking video.
4. Tangible objects.
5. Results of scientific tests, including:
   - a. Breath test ticket(s) and instrument data files;
   - b. Lifeloc/Intoxilyzer/Alco-Sensor performance verification records, standard solution change logs, and PV check sheets (IDAPA 11.03.01);
   - c. Operator certification under IDAPA 11.03.01;
   - d. Blood/urine collection records, kit lot, ISP lab notes, chromatograms, validation data;
6. Officer NHTSA SFST certifications and training history.
7. CAD/dispatch logs; 911 audio.
8. Officer disciplinary, Giglio, Brady material.
9. Names and statements of witnesses; expert disclosures with CVs and reports.

PRESERVATION DEMAND

Defendant demands preservation of all electronic data, video, audio, breath instrument data, retained blood/urine aliquots, and instrument records pending resolution.

Dated: [__/__/____]

PART 4 — MOTION TO SUPPRESS

Case No.: [________________________________]

DEFENDANT'S MOTION TO SUPPRESS

Defendant moves to suppress all evidence and statements obtained as a result of the stop, detention, arrest, and chemical testing of Defendant on [__/__/____].

I. Unlawful Stop (Idaho Const. art. I, § 17; U.S. Const. amend. IV)

☐ Officer lacked reasonable, articulable suspicion under State v. Bishop.
☐ The cited basis (e.g., minor lane deviation) does not amount to reasonable suspicion.

II. Unlawful Detention / Scope and Duration

☐ Detention extended beyond the mission of the stop without independent reasonable suspicion (Rodriguez v. United States, 575 U.S. 348 (2015); State v. Linze).

III. Lack of Probable Cause to Arrest

☐ SFSTs not administered per NHTSA standards.
☐ HGN/Walk-and-Turn/One-Leg-Stand performed and scored improperly.
☐ Totality of circumstances does not establish probable cause under State v. Eversole.

IV. Implied Consent / Advisory / Miranda

☐ Officer failed to provide the advisory required by § 18-8002(3) and § 18-8002A(5).
☐ Custodial interrogation without Miranda warnings.

V. Foundational Defects in Chemical Test (IDAPA 11.03.01)

☐ 15-minute observation period not maintained.
☐ Instrument's performance verification (PV) check outside tolerance or missing.
☐ Standard solution change not properly logged.
☐ Operator not certified or recertification lapsed.
☐ Two breath samples not within .020 g/210L agreement under ISP rules.
☐ Blood draw without warrant, consent, or exigency (Birchfield v. North Dakota, 579 U.S. 438 (2016); Missouri v. McNeely, 569 U.S. 141 (2013)); chain of custody broken.

VI. Statements

☐ Suppress statements obtained during illegal detention or interrogation.

Relief: Evidentiary hearing and suppression of all challenged evidence.

PART 5 — RESTRICTED/PRIVILEGED DRIVING PERMIT PETITION (§ 49-326)

Eligibility Checklist

Petition for Restricted Permit

Case No.: [________________________________]

Defendant petitions the Court pursuant to Idaho Code §§ 18-8002A(7), 18-8008, and 49-326 for an order granting a restricted driving permit during the period of license suspension, on the following conditions:

1. Restricted to driving to and from places of employment, education, and court-ordered treatment.
2. Petitioner shall install and maintain a state-approved ignition interlock device on every motor vehicle Petitioner operates for the entire restriction period as set by IDAPA 39.03.49.
3. Petitioner shall maintain SR-22 insurance.
4. Petitioner shall comply with monthly download / calibration / service requirements.
5. Any tampering or circumvention shall result in revocation of the restricted permit.

Signature of Defendant: [________________________________] Date: [__/__/____]

Signature of Counsel: [________________________________] Date: [__/__/____]

PART 6 — PLEA EVALUATION WORKSHEET

Statutory Exposure Snapshot (§ 18-8005)

Plea Offer Worksheet

Suppression / Defense Posture

Client Acknowledgement

I have reviewed this worksheet with counsel, understand the elements, consequences, and collateral effects, and have had the opportunity to ask questions.

SOURCES AND REFERENCES

• Idaho Code §§ 18-8002, 18-8002A, 18-8004, 18-8004C, 18-8005, 18-8008
• Idaho Code §§ 49-326, 49-335
• IDAPA 11.03.01 (Idaho State Police — Evidential Breath Alcohol Testing)
• IDAPA 39.03.49 (Idaho Transportation Department — Ignition Interlock)
• I.C.R. 16 (Criminal Discovery)
• Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United States, 405 U.S. 150 (1972)
• Rodriguez v. United States, 575 U.S. 348 (2015); Birchfield v. North Dakota, 579 U.S. 438 (2016); Missouri v. McNeely, 569 U.S. 141 (2013)
• State v. Bishop, 146 Idaho 804; State v. Linze, 161 Idaho 605; State v. Eversole, 160 Idaho 239; State v. Carson, 133 Idaho 451; State v. Wulff, 157 Idaho 416
• Idaho Transportation Department — Driver Services / ALS Hearings

DISCLAIMER: This package is provided as an editable starting point and does not constitute legal advice. Idaho's 7-day ALS hearing deadline is jurisdictional. Always verify current statutes, IDAPA rules, ITD forms, and local court rules before filing.