Adams County License Hearing Guide

Adams DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

Being arrested for a DUI in Adams County, Ohio, can be a frightening experience. One of the most immediate concerns is what happens to your driver's license. It's vital to understand that a DUI arrest triggers two separate legal processes: a criminal case in court and an administrative process concerning your driving privileges. This guide focuses on the administrative side, specifically the license suspension and the Administrative License Revocation (ALR) hearing. Time is of the essence!

The administrative process, handled by the Ohio Bureau of Motor Vehicles (BMV), can result in the suspension of your driver's license regardless of the outcome of your criminal case. Understanding your rights and acting quickly is crucial to protecting your ability to drive.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

Following a DUI arrest in Adams County, you have a very limited window to challenge the potential suspension of your driver's license. You must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This is a hard deadline, and missing it will result in an automatic suspension of your driving privileges.

Where to Request: You request the ALR hearing from the Ohio Bureau of Motor Vehicles (BMV).

How to Request:

• Online: Check the Ohio BMV website (bmv.ohio.gov). They may have an online portal for requesting ALR hearings. Look for sections related to DUI, OVI, or Administrative License Suspension.

• Phone: Contact the Ohio BMV by phone. Their main number is typically listed on their website. Inquire about the specific procedure for requesting an ALR hearing related to a DUI arrest in Adams County.

• Mail: Send a written request via certified mail (return receipt requested) to the Ohio BMV. This provides proof that you sent the request within the 15-day deadline. Include the following information in your letter:

• Your full name

• Your driver's license number

• Your date of birth

• Your current address

• The date of your DUI arrest

• The name of the arresting agency (e.g., Adams County Sheriff's Office)

• A clear statement that you are requesting an Administrative License Revocation (ALR) hearing to contest the suspension of your driver's license.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. This suspension will take effect as scheduled, and you will lose your opportunity to challenge it administratively. Therefore, acting quickly is absolutely vital.

Automatic License Suspension

Ohio law mandates an automatic license suspension under certain circumstances following a DUI arrest. The length of the suspension depends on whether you took a breath, blood, or urine test and the results, or if you refused to take a test.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your Blood Alcohol Content (BAC) was 0.08% or higher, the length of the suspension varies based on prior offenses and the specific BAC level. Generally, the suspension will be at least 90 days, but can be longer. Check the Ohio BMV website for exact lengths based on your situation.
• Temporary Permit: If you were issued a temporary permit at the time of your arrest, it will typically be valid until your ALR hearing or until the date the suspension is scheduled to begin. Pay close attention to the expiration date on your temporary permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a chemical test (breath, blood, or urine) carries a significantly longer license suspension in Ohio. The suspension period is typically one year for a first refusal. Subsequent refusals result in even longer suspensions.
• Implied Consent Law in Ohio: Ohio, like most states, has an implied consent law. This means that by driving on Ohio roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to do so carries its own penalties, as described above.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license. It's a critical step in protecting your driving privileges after a DUI arrest.

What It Is

• Separate from Criminal Court: The ALR hearing is a completely separate proceeding from your criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Ohio BMV has sufficient evidence to justify suspending your driver's license.
• Lower Burden of Proof than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The BMV only needs to show by a preponderance of the evidence (more likely than not) that the suspension is warranted. This means it's easier for the BMV to suspend your license administratively than it is for the prosecution to convict you of DUI in criminal court.

How to Prepare

Preparing for your ALR hearing is essential. Thorough preparation can significantly increase your chances of a favorable outcome.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements: If anyone witnessed the events leading to your arrest, obtain written statements from them.
• Video footage: If there is any video footage of the traffic stop or your interaction with law enforcement, try to obtain it.
• Medical records: If you have any medical conditions that might have affected your performance on field sobriety tests, gather relevant medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Ohio DUI law can be invaluable in preparing for and representing you at the ALR hearing. An attorney can help you:
• Understand your rights
• Gather evidence
• Prepare legal arguments
• Cross-examine witnesses
• Negotiate with the BMV
• Understand What You Can Challenge: You can challenge various aspects of the BMV's case, including:
• Whether the arresting officer had probable cause to stop you.
• Whether the officer properly administered field sobriety tests.
• Whether the breath or blood test was properly administered and the results are accurate.
• Whether you were properly informed of your rights regarding chemical testing.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: The hearing officer may uphold the suspension of your driver's license if they find that the BMV has presented sufficient evidence to justify the suspension.
• Suspension Overturned: If the hearing officer finds that the BMV has not presented sufficient evidence, they may overturn the suspension, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Ohio

Even if your license is suspended, you may be eligible for a hardship or restricted license in Ohio. This allows you to drive for essential purposes under certain conditions.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and your prior driving record. Generally, you must demonstrate a need to drive for work, school, medical appointments, or other essential purposes.
• What You Can Drive For: A hardship license typically restricts you to driving for specific purposes, such as:
• Driving to and from work
• Driving to and from school
• Driving to and from medical appointments
• Driving for court-ordered treatment
• Costs and Application Process: The application process for a hardship license involves filing a petition with the court. There are associated fees. The specific requirements and procedures may vary depending on the court.
• IID Requirement: In some cases, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Serve the full suspension period.
• Pay reinstatement fees to the Ohio BMV.
• Provide proof of financial responsibility (SR-22 insurance).
• Complete any court-ordered alcohol or drug treatment programs.
• Fees: Reinstatement fees vary depending on the length of the suspension and your prior driving record.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that you must obtain from your insurance company and file with the Ohio BMV. It demonstrates that you have the required liability insurance coverage.
• Classes/Programs That Must Be Completed: You may be required to complete an alcohol or drug education program or treatment program as a condition of reinstating your license.

Adams DMV Offices

Unfortunately, due to the low population of Adams County, there is no dedicated full-time DMV office directly within the county. Residents typically utilize the regional BMV locations in neighboring counties. Contact the Ohio BMV directly (bmv.ohio.gov) for the most up-to-date list of nearby locations and hours.

Special Programs

• Ignition Interlock Device Program: Ohio has an ignition interlock device (IID) program that allows individuals convicted of DUI to regain driving privileges sooner by installing an IID in their vehicle.
• Occupational License: An occupational license is a type of restricted license that allows you to drive for work-related purposes. This may be an option depending on the specifics of your case.
• Ohio BMV Website (bmv.ohio.gov): This website is the best resource for the most current and complete information about Ohio DUI laws, license suspensions, and reinstatement requirements.

This guide provides general information about DUI license suspensions and ALR hearings in Adams County, Ohio. It is not a substitute for legal advice. If you have been arrested for DUI, it is highly recommended that you consult with an experienced Ohio DUI attorney to discuss your specific situation and protect your rights. Remember, the 15-day deadline to request an ALR hearing is crucial. Act now to protect your driving privileges!