Idaho Code
Idaho Code § 18-8002A (2026)
Tests of driver for alcohol concentration, presence of drugs or other intoxicating substances — Suspension upon failure of tests.
✓ current as of May 2026
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Tests of driver for alcohol concentration, presence of drugs or other intoxicating substances — Suspension upon failure of tests.
(1) Definitions. As used in this section:
Notes of Decisions
Cited in 90
cases (12 in the last 5 years), 1995–2025 · leading case: Wheeler v. Idaho Transp. Dep't, 223 P.3d 761 (Idaho Ct. App. 2009).
Wheeler v. Idaho Transp. Dep't, 223 P.3d 761 (Idaho Ct. App. 2009). “The period of suspension is ninety days for a driver's first failure of an evidentiary test and one year for any subsequent test failure within five years.”
Kane v. State, Dep't of Transp., 83 P.3d 130 (Idaho Ct. App. 2003). “Because records indicated that Kane’s license had been similarly suspended at least once within the previous five years, the suspension period was one year pursuant to I.C. § 18-8002A(4). Kane requested a hearing to contest the suspension pursuant to I.”
State of Idaho, Dep't of Transp. v. Marvin Gibbar, 155 P.3d 1176 (Idaho Ct. App. 2006). “The period of suspension is ninety days for a driver’s first failure of an evidentiary test and one year for any subsequent test failure within five years.”
Wanner v. State, Dep't of Transp., 244 P.3d 1250 (Idaho 2011). “Because we find that Wanner failed to timely request a hearing regarding the suspension of his driving privileges pursuant to I.C. § 18-8002A and because he has failed to exhaust his administrative remedies relating to his disqualification from operating a commercial vehicle, we…”
Elias-Cruz v. Idaho Dep't of Transp., 280 P.3d 703 (Idaho 2012). “2010), our Court of Appeals held, “Nowhere does I.C. § 18-8002A contain language that requires the hearing officer to take into account any inherent error within the breath test machine before a license can be suspended, it simply requires that the test results indicate a BAC in…”
Druffel v. State, Dep't of Transp., 41 P.3d 739 (Idaho 2002). “I.C. § 18-8002A. Subsection (9) allows any person who has been seived with the Notice of Suspension the ability to apply for restricted driving privileges so long as the conditions listed in the statute are met.”
Halen v. State, 41 P.3d 257 (Idaho 2002). “However, Halen argues that his suspension for refusing, under section 18-8002, cannot stand because he was improperly informed according to the requirements of a related code section, I.C. § 18-8002A. Idaho Code section 18-8002A requires that upon being asked to submit to a BAC…”
Platz v. State, Transp. Dep't, 303 P.3d 647 (Idaho Ct. App. 2013). “The administrative license suspension statute, I.C. § 18-8002A, requires that ITD suspend the driver’s license of a driver who has failed a BAC test administered by a law enforcement officer.”
State v. Reichenberg, 915 P.2d 14 (Idaho 1996). “As a result of Reichenberg's failing the test, a suspension of her driver's license was ordered by the Idaho Department of Transportation (the Department) pursuant to I.C. § 18-8002A. The suspension was for 90 days, with the first 30 days an absolute suspension.”
State v. Brant Lee Eversole, 371 P.3d 293 (Idaho 2016). “However, Idaho Code section 18-8002A defines evidentiary testing as “a procedure or test or series of procedures or tests utilized to determine the concentration of alcohol .”
Mahurin v. State, 99 P.3d 125 (Idaho Ct. App. 2004). “I.C. § 18-8002A(4)(a). A person who has been notified of such an administrative license suspension may request a hearing before a hearing officer designated by the ITD to contest the suspension.”
Bobeck v. Idaho Transp. Dep't, 363 P.3d 861 (Idaho Ct. App. 2015). “I.C. § 18-8002A(2). Bobeck contends that the hearing officer’s finding that she was informed of the consequences of failing or refusing evidentiary testing is not supported by substantial and competent evidence because the record contains evidence that she was asleep when the…”
— Idaho Code § 18-8002A(10) — 3 cases
State of Idaho, Dep't of Transp. v. Marvin Gibbar, 155 P.3d 1176 (Idaho Ct. App. 2006). “The period of suspension is ninety days for a driver’s first failure of an evidentiary test and one year for any subsequent test failure within five years.”
Druffel v. State, Dep't of Transp., 41 P.3d 739 (Idaho 2002). “I.C. § 18-8002A. Subsection (9) allows any person who has been seived with the Notice of Suspension the ability to apply for restricted driving privileges so long as the conditions listed in the statute are met.”
In Re Suspension of Driver's License, 155 P.3d 1176 (Idaho Ct. App. 2006).
— Idaho Code § 18-8002A(2) — 7 cases
Halen v. State, 41 P.3d 257 (Idaho 2002). “However, Halen argues that his suspension for refusing, under section 18-8002, cannot stand because he was improperly informed according to the requirements of a related code section, I.C. § 18-8002A. Idaho Code section 18-8002A requires that upon being asked to submit to a BAC…”
Bobeck v. Idaho Transp. Dep't, 363 P.3d 861 (Idaho Ct. App. 2015). “I.C. § 18-8002A(2). Bobeck contends that the hearing officer’s finding that she was informed of the consequences of failing or refusing evidentiary testing is not supported by substantial and competent evidence because the record contains evidence that she was asleep when the…”
Thompson v. State, 65 P.3d 534 (Idaho Ct. App. 2003).
State v. Matilda K. Kling, 245 P.3d 499 (Idaho Ct. App. 2010).
George Besaw, Jr. v. Transp. Dept. (Idaho Ct. App. 2013).
— Idaho Code § 18-8002A(2)(a) — 1 case
George Besaw, Jr. v. Transp. Dept. (Idaho Ct. App. 2013).
— Idaho Code § 18-8002A(2)(d) — 1 case
Bowman v. Idaho Transp. Dep't, 25 P.3d 866 (Idaho Ct. App. 2001).
— Idaho Code § 18-8002A(3) — 7 cases
Wheeler v. Idaho Transp. Dep't, 223 P.3d 761 (Idaho Ct. App. 2009). “The period of suspension is ninety days for a driver's first failure of an evidentiary test and one year for any subsequent test failure within five years.”
State v. George Joseph Besaw, Jr., 306 P.3d 219 (Idaho Ct. App. 2013).
Schroeder v. State, Dep't of Transp., 210 P.3d 584 (Idaho Ct. App. 2009).
Wood v. ITD, 532 P.3d 404 (Idaho 2023).
Hubbard v. State, 276 P.3d 751 (Idaho Ct. App. 2012).
— Idaho Code § 18-8002A(3)(b) — 2 cases
State v. Talavera, 905 P.2d 633 (Idaho 1995).
Elias-Cruz v. Idaho Dep't of Transp., 280 P.3d 703 (Idaho 2012). “2010), our Court of Appeals held, “Nowhere does I.C. § 18-8002A contain language that requires the hearing officer to take into account any inherent error within the breath test machine before a license can be suspended, it simply requires that the test results indicate a BAC in…”
— Idaho Code § 18-8002A(4) — 10 cases
Wheeler v. Idaho Transp. Dep't, 223 P.3d 761 (Idaho Ct. App. 2009). “The period of suspension is ninety days for a driver's first failure of an evidentiary test and one year for any subsequent test failure within five years.”
Kane v. State, Dep't of Transp., 83 P.3d 130 (Idaho Ct. App. 2003). “Because records indicated that Kane’s license had been similarly suspended at least once within the previous five years, the suspension period was one year pursuant to I.C. § 18-8002A(4). Kane requested a hearing to contest the suspension pursuant to I.”
Wanner v. State, Dep't of Transp., 244 P.3d 1250 (Idaho 2011). “Because we find that Wanner failed to timely request a hearing regarding the suspension of his driving privileges pursuant to I.C. § 18-8002A and because he has failed to exhaust his administrative remedies relating to his disqualification from operating a commercial vehicle, we…”
Feasel v. Idaho Transp. Dep't, 222 P.3d 480 (Idaho Ct. App. 2009).
Platz v. State, Transp. Dep't, 303 P.3d 647 (Idaho Ct. App. 2013). “The administrative license suspension statute, I.C. § 18-8002A, requires that ITD suspend the driver’s license of a driver who has failed a BAC test administered by a law enforcement officer.”
— Idaho Code § 18-8002A(4)(1) — 1 case
Reisenauer v. State, Dep't of Transp., 188 P.3d 890 (Idaho 2008).
— Idaho Code § 18-8002A(4)(a) — 39 cases
Reisenauer v. State, Dep't of Transp., 188 P.3d 890 (Idaho 2008).
Mahurin v. State, 99 P.3d 125 (Idaho Ct. App. 2004). “I.C. § 18-8002A(4)(a). A person who has been notified of such an administrative license suspension may request a hearing before a hearing officer designated by the ITD to contest the suspension.”
Platz v. State, Transp. Dep't, 303 P.3d 647 (Idaho Ct. App. 2013). “The administrative license suspension statute, I.C. § 18-8002A, requires that ITD suspend the driver’s license of a driver who has failed a BAC test administered by a law enforcement officer.”
Kane v. State, Dep't of Transp., 83 P.3d 130 (Idaho Ct. App. 2003). “Because records indicated that Kane’s license had been similarly suspended at least once within the previous five years, the suspension period was one year pursuant to I.C. § 18-8002A(4). Kane requested a hearing to contest the suspension pursuant to I.”
Wheeler v. Idaho Transp. Dep't, 223 P.3d 761 (Idaho Ct. App. 2009). “The period of suspension is ninety days for a driver's first failure of an evidentiary test and one year for any subsequent test failure within five years.”
— Idaho Code § 18-8002A(4)(a)(i) — 3 cases
Masterson v. Idaho Dep't of Transp., 244 P.3d 625 (Idaho Ct. App. 2010).
Bowman v. Idaho Transp. Dep't, 25 P.3d 866 (Idaho Ct. App. 2001).
George Besaw, Jr. v. Transp. Dept. (Idaho Ct. App. 2013).
— Idaho Code § 18-8002A(4)(a)(ii) — 3 cases
Wanner v. State, Dep't of Transp., 244 P.3d 1250 (Idaho 2011). “Because we find that Wanner failed to timely request a hearing regarding the suspension of his driving privileges pursuant to I.C. § 18-8002A and because he has failed to exhaust his administrative remedies relating to his disqualification from operating a commercial vehicle, we…”
Bowman v. Idaho Transp. Dep't, 25 P.3d 866 (Idaho Ct. App. 2001).
Steven M. Wanner v. Idaho Dept of Transp. (Idaho 2011).
— Idaho Code § 18-8002A(4)(b) — 1 case
Platz v. State, Transp. Dep't, 303 P.3d 647 (Idaho Ct. App. 2013). “The administrative license suspension statute, I.C. § 18-8002A, requires that ITD suspend the driver’s license of a driver who has failed a BAC test administered by a law enforcement officer.”
— Idaho Code § 18-8002A(5) — 4 cases
Kane v. State, Dep't of Transp., 83 P.3d 130 (Idaho Ct. App. 2003). “Because records indicated that Kane’s license had been similarly suspended at least once within the previous five years, the suspension period was one year pursuant to I.C. § 18-8002A(4). Kane requested a hearing to contest the suspension pursuant to I.”
Elias-Cruz v. Idaho Dep't of Transp., 280 P.3d 703 (Idaho 2012). “2010), our Court of Appeals held, “Nowhere does I.C. § 18-8002A contain language that requires the hearing officer to take into account any inherent error within the breath test machine before a license can be suspended, it simply requires that the test results indicate a BAC in…”
Archer v. State, Dep't of Transp., 181 P.3d 543 (Idaho Ct. App. 2008).
Idaho Transp. v. Kalani-Keegan, 311 P.3d 309 (Idaho Ct. App. 2013).
— Idaho Code § 18-8002A(5)(a) — 4 cases
Kane v. State, Dep't of Transp., 83 P.3d 130 (Idaho Ct. App. 2003). “Because records indicated that Kane’s license had been similarly suspended at least once within the previous five years, the suspension period was one year pursuant to I.C. § 18-8002A(4). Kane requested a hearing to contest the suspension pursuant to I.”
Wheeler v. Idaho Transp. Dep't, 223 P.3d 761 (Idaho Ct. App. 2009). “The period of suspension is ninety days for a driver's first failure of an evidentiary test and one year for any subsequent test failure within five years.”
Platz v. State, Transp. Dep't, 303 P.3d 647 (Idaho Ct. App. 2013). “The administrative license suspension statute, I.C. § 18-8002A, requires that ITD suspend the driver’s license of a driver who has failed a BAC test administered by a law enforcement officer.”
Wanner v. State, Dep't of Transp., 244 P.3d 1250 (Idaho 2011). “Because we find that Wanner failed to timely request a hearing regarding the suspension of his driving privileges pursuant to I.C. § 18-8002A and because he has failed to exhaust his administrative remedies relating to his disqualification from operating a commercial vehicle, we…”
— Idaho Code § 18-8002A(5)(b) — 5 cases
Kane v. State, Dep't of Transp., 83 P.3d 130 (Idaho Ct. App. 2003). “Because records indicated that Kane’s license had been similarly suspended at least once within the previous five years, the suspension period was one year pursuant to I.C. § 18-8002A(4). Kane requested a hearing to contest the suspension pursuant to I.”
State of Idaho, Dep't of Transp. v. Marvin Gibbar, 155 P.3d 1176 (Idaho Ct. App. 2006). “The period of suspension is ninety days for a driver’s first failure of an evidentiary test and one year for any subsequent test failure within five years.”
In Re Suspension of Driver's License, 155 P.3d 1176 (Idaho Ct. App. 2006).
Idaho Transp. v. Kalani-Keegan, 311 P.3d 309 (Idaho Ct. App. 2013).
Atwood v. Idaho Transp. Dep't, 318 P.3d 653 (Idaho Ct. App. 2014).
— Idaho Code § 18-8002A(5)(c) — 1 case
Idaho Transp. v. Johnathan Paul Van Comp (Idaho Ct. App. 2011).
— Idaho Code § 18-8002A(6) — 3 cases
State v. Reichenberg, 915 P.2d 14 (Idaho 1996). “As a result of Reichenberg's failing the test, a suspension of her driver's license was ordered by the Idaho Department of Transportation (the Department) pursuant to I.C. § 18-8002A. The suspension was for 90 days, with the first 30 days an absolute suspension.”
State v. Evenson (Idaho Ct. App. 2019).
State v. Nelson (Idaho Ct. App. 2025).
— Idaho Code § 18-8002A(6)(e) — 1 case
State v. Talavera, 905 P.2d 633 (Idaho 1995).
— Idaho Code § 18-8002A(7) — 60 cases
Wheeler v. Idaho Transp. Dep't, 223 P.3d 761 (Idaho Ct. App. 2009). “The period of suspension is ninety days for a driver's first failure of an evidentiary test and one year for any subsequent test failure within five years.”
Kane v. State, Dep't of Transp., 83 P.3d 130 (Idaho Ct. App. 2003). “Because records indicated that Kane’s license had been similarly suspended at least once within the previous five years, the suspension period was one year pursuant to I.C. § 18-8002A(4). Kane requested a hearing to contest the suspension pursuant to I.”
State of Idaho, Dep't of Transp. v. Marvin Gibbar, 155 P.3d 1176 (Idaho Ct. App. 2006). “The period of suspension is ninety days for a driver’s first failure of an evidentiary test and one year for any subsequent test failure within five years.”
Mahurin v. State, 99 P.3d 125 (Idaho Ct. App. 2004). “I.C. § 18-8002A(4)(a). A person who has been notified of such an administrative license suspension may request a hearing before a hearing officer designated by the ITD to contest the suspension.”
Platz v. State, Transp. Dep't, 303 P.3d 647 (Idaho Ct. App. 2013). “The administrative license suspension statute, I.C. § 18-8002A, requires that ITD suspend the driver’s license of a driver who has failed a BAC test administered by a law enforcement officer.”
— Idaho Code § 18-8002A(7)(1) — 1 case
Willson v. Dept of Transp. (Idaho Ct. App. 2016).
— Idaho Code § 18-8002A(7)(a) — 8 cases
Beyer v. Transp. Dept, 304 P.3d 1206 (Idaho Ct. App. 2013).
Burton v. State, Dep't of Idaho, 240 P.3d 933 (Idaho Ct. App. 2010).
Masterson v. Idaho Dep't of Transp., 244 P.3d 625 (Idaho Ct. App. 2010).
Reagan v. Idaho Transp. Dep't (Idaho 2021).
White v. ITD (Idaho 2024).
— Idaho Code § 18-8002A(7)(b) — 3 cases
Mahurin v. State, 99 P.3d 125 (Idaho Ct. App. 2004). “I.C. § 18-8002A(4)(a). A person who has been notified of such an administrative license suspension may request a hearing before a hearing officer designated by the ITD to contest the suspension.”
Michael Craig Graves v. State Dept of Transp. (Idaho Ct. App. 2011).
Idaho Transp. v. Johnathan Paul Van Comp (Idaho Ct. App. 2011).
— Idaho Code § 18-8002A(7)(c) — 7 cases
Mahurin v. State, 99 P.3d 125 (Idaho Ct. App. 2004). “I.C. § 18-8002A(4)(a). A person who has been notified of such an administrative license suspension may request a hearing before a hearing officer designated by the ITD to contest the suspension.”
Elias-Cruz v. Idaho Dep't of Transp., 280 P.3d 703 (Idaho 2012). “2010), our Court of Appeals held, “Nowhere does I.C. § 18-8002A contain language that requires the hearing officer to take into account any inherent error within the breath test machine before a license can be suspended, it simply requires that the test results indicate a BAC in…”
Bell v. Idaho Transp. Dep't, 262 P.3d 1030 (Idaho 2011).
Feasel v. Idaho Transp. Dep't, 222 P.3d 480 (Idaho Ct. App. 2009).
Idaho Transp. v. Johnathan Paul Van Camp, 288 P.3d 802 (Idaho 2012).
— Idaho Code § 18-8002A(7)(d) — 30 cases
Masterson v. Idaho Dep't of Transp., 244 P.3d 625 (Idaho Ct. App. 2010).
Archer v. State, Dep't of Transp., 181 P.3d 543 (Idaho Ct. App. 2008).
Wheeler v. Idaho Transp. Dep't, 223 P.3d 761 (Idaho Ct. App. 2009). “The period of suspension is ninety days for a driver's first failure of an evidentiary test and one year for any subsequent test failure within five years.”
Bell v. Idaho Transp. Dep't, 262 P.3d 1030 (Idaho 2011).
Wilkinson v. State, Dep't of Transp., 264 P.3d 680 (Idaho Ct. App. 2011).
— Idaho Code § 18-8002A(7)(e) — 7 cases
Elias-Cruz v. Idaho Dep't of Transp., 280 P.3d 703 (Idaho 2012). “2010), our Court of Appeals held, “Nowhere does I.C. § 18-8002A contain language that requires the hearing officer to take into account any inherent error within the breath test machine before a license can be suspended, it simply requires that the test results indicate a BAC in…”
Bell v. Idaho Transp. Dep't, 262 P.3d 1030 (Idaho 2011).
Idaho Transp. v. Kalani-Keegan, 311 P.3d 309 (Idaho Ct. App. 2013).
Idaho Transp. v. Johnathan Paul Van Camp, 288 P.3d 802 (Idaho 2012).
Nunnally v. Idaho Transp. Dep't (Idaho Ct. App. 2021).
— Idaho Code § 18-8002A(8) — 48 cases
Elias-Cruz v. Idaho Dep't of Transp., 280 P.3d 703 (Idaho 2012). “2010), our Court of Appeals held, “Nowhere does I.C. § 18-8002A contain language that requires the hearing officer to take into account any inherent error within the breath test machine before a license can be suspended, it simply requires that the test results indicate a BAC in…”
Kane v. State, Dep't of Transp., 83 P.3d 130 (Idaho Ct. App. 2003). “Because records indicated that Kane’s license had been similarly suspended at least once within the previous five years, the suspension period was one year pursuant to I.C. § 18-8002A(4). Kane requested a hearing to contest the suspension pursuant to I.”
Wheeler v. Idaho Transp. Dep't, 223 P.3d 761 (Idaho Ct. App. 2009). “The period of suspension is ninety days for a driver's first failure of an evidentiary test and one year for any subsequent test failure within five years.”
Platz v. State, Transp. Dep't, 303 P.3d 647 (Idaho Ct. App. 2013). “The administrative license suspension statute, I.C. § 18-8002A, requires that ITD suspend the driver’s license of a driver who has failed a BAC test administered by a law enforcement officer.”
Mahurin v. State, 99 P.3d 125 (Idaho Ct. App. 2004). “I.C. § 18-8002A(4)(a). A person who has been notified of such an administrative license suspension may request a hearing before a hearing officer designated by the ITD to contest the suspension.”
— Idaho Code § 18-8002A(9) — 1 case
Druffel v. State, Dep't of Transp., 41 P.3d 739 (Idaho 2002). “I.C. § 18-8002A. Subsection (9) allows any person who has been seived with the Notice of Suspension the ability to apply for restricted driving privileges so long as the conditions listed in the statute are met.”
— Idaho Code § 18-8002A(e) — 1 case
State v. Brant Lee Eversole, 371 P.3d 293 (Idaho 2016). “However, Idaho Code section 18-8002A defines evidentiary testing as “a procedure or test or series of procedures or tests utilized to determine the concentration of alcohol .”
— Idaho Code § 18-8002A(l)(e) — 2 cases
Elias-Cruz v. Idaho Dep't of Transp., 280 P.3d 703 (Idaho 2012). “2010), our Court of Appeals held, “Nowhere does I.C. § 18-8002A contain language that requires the hearing officer to take into account any inherent error within the breath test machine before a license can be suspended, it simply requires that the test results indicate a BAC in…”
Bowman v. Idaho Transp. Dep't, 25 P.3d 866 (Idaho Ct. App. 2001).
— Idaho Code § 18-8002A(l)(f) — 1 case
Idaho Transp. v. Kalani-Keegan, 311 P.3d 309 (Idaho Ct. App. 2013).
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