Main menu

Idaho Misdemeanor Criminal Rule 9.2. Suspension of Driver's License for Failure to Take Evidentiary Test.

(a) Sworn Statement of Officer. The affidavit of refusal to take an evidentiary test must be submitted in substantially the following form:

Click here for form.

 

(b)  Suspension by Court. After being presented with a sworn statement of an officer under this rule, if the person who refused evidentiary testing does not request a hearing within 7 days from the date of the refusal, as allowed by Section 18-8002, Idaho Code, the judge shall enter an order suspending the driver's license of the defendant for one year for a first refusal and two years for a second refusal within ten years pursuant to Section 18-8002, Idaho Code, without further notice to the party. The order suspending driving privileges and driver's license shall be effective upon execution and shall apply to all driving privileges of the person, including those granted by any temporary license or permit issued by a police officer. The duty of the judge to enter such an order is a ministerial duty in which the judge has no discretion as to whether the order is to be entered. 

   

(c)  Show Cause Hearing. If a show cause hearing is timely requested by the defendant, the court shall set a hearing within the time provided by law. The hearing shall be limited to those issues provided by Section 18-8002(4)(b), Idaho Code. If the court enters an order of suspension, a copy shall be transmitted to the Department of Transportation and a copy served upon the defendant by personal delivery or mailing to the address indicated on the driver's license or other address furnished by the defendant. If the court makes the determination that there is not grounds for suspension of driving privileges and driver's license under this rule, it shall enter an order to that effect.

   

(d)  Form of Suspension Order. An order suspending driving privileges under Section 18-8002, Idaho Code shall be in substantially the following form: 

Click here for form.

 

(e)  Procedure and Evidence.  A hearing under Idaho Code Section 18-8002 described above is a civil hearing and will be governed by the Idaho Rules of Civil Procedure except that the discovery rules, Rules 26 through 37 I.R.C.P., will not apply and Rule 16 of the Idaho Criminal Rules will govern all discovery. Provided, there shall be no right to a jury trial in these hearings.

   

(Adopted April 3, 1984, effective March 1, 1984; amended March 20, 1985, effective July 1, 1985; amended June 15, 1987, effective November 1, 1987; amended March 30, 1988, effective July 1, 1988; amended February 10, 1993, effective July 1, 1993; amended February 26, 1997, effective July 1, 1997; amended March 28, 2000, effective July 1, 2000, amended April 27, 2016, effective July 1, 2016.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court

Chief Justice Jim Jones
Justice Daniel T. Eismann
Justice Roger S. Burdick
Justice Warren E. Jones
Justice Joel D. Horton



Members of the
Idaho Court of Appeals

Chief Judge John M. Melanson
Judge Sergio A. Gutierrez
Judge David W. Gratton
Judge Molly J. Huskey

 

TERMS OF OFFICE


Promoting Openness In The Courts
Do you have suggestions about how we can better serve you?
CLICK HERE