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Administrative Review Hearings in Idaho

Upon arrest, the arresting officer will revoke the license of the accused driver and give them a temporary permit that is valid for 30 days—if eligible. After that, the driver has seven days from the date of the arrest to request an administrative hearing. Note, you can find the right to a hearing on the paper that is given at the time of arrest. The paper states that the driver has the right to request an Administrative Review DMV Hearing. This is just a hearing where the accused can try to show that the suspension of his license is not justified and should be reinstated pending the court hearing.

If a hearing is requested then at the hearing the hearing officer will review the evidence presented by the officer and hear testimony from the officer about the arrest and the evidence he or she has presented against the defendant. The accused and their lawyer will then present any evidence on their behalf and then the accused will have the opportunity to testify on their own behalf. It is never mandatory for the accused to testify at their own trial. If there are any other witnesses, they will be subpoenaed to appear and testify.

After reviewing all of the evidence and testimony the hearing officer will decide if the suspension should be upheld or whether the evidence against the accused does not justify the suspension, at which point the accused’s driver’s license will be reinstated.

Restricted permits will not be issued for the purpose of driving a commercial motor vehicle.

If the accused requires a restricted permit for medical reasons, then the accused will need to have their doctor submit a letter describing the need for the limited privileges.

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