Ashland County License Hearing Guide

Ashland County DUI License Suspension & ALR Hearing

After a DUI arrest in Ashland County, you face two separate legal processes: a criminal case in court, and an administrative process handled by the Ohio Bureau of Motor Vehicles (BMV) regarding your driver's license. This guide focuses on the administrative license suspension (ALS) and the Administrative License Revocation (ALR) hearing, which determines if your license will be suspended independent of the criminal case. Understanding these procedures and deadlines is crucial to protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Ohio, you have only 15 days from the date of arrest to request an ALR hearing to challenge the automatic suspension of your driver's license. This request must be made to the Ohio BMV.

To request a hearing, you should contact the Ohio Department of Public Safety (ODPS). While specific contact information for filing the request in Ashland County isn't provided, you can find general information on the ODPS website or by calling the BMV.

Missing this 15-day deadline results in an automatic suspension of your driver's license, regardless of the outcome of your criminal case. This suspension begins 30 days after your arrest.

Automatic License Suspension

Ohio law mandates an automatic license suspension following a DUI arrest under certain circumstances. The length of the suspension depends on whether you submitted to chemical testing (breath, blood, or urine) and the results, or if you refused to be tested.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08% or higher, your license will be suspended. The specific duration of the suspension varies according to Ohio law.

Upon arrest, you will typically receive a temporary driving permit. This permit is valid until the ALR hearing or until the suspension officially begins 30 days after your arrest, whichever comes first.

If You Refused Testing

Under Ohio's implied consent law, by driving on Ohio roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to a breath, blood, or urine test carries a longer license suspension than failing the test.

Refusal suspensions are typically longer than suspensions for failing a test. The exact length of the suspension depends on your prior DUI record.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It is conducted by the Ohio BMV or an administrative law judge and focuses solely on whether the administrative license suspension is warranted.

The burden of proof in an ALR hearing is lower than in a criminal trial. The BMV only needs to show that the arresting officer had probable cause to believe you were driving under the influence and that you either failed or refused a chemical test.

How to Prepare

Preparing for an ALR hearing is critical to maximizing your chances of retaining your driving privileges.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or any documentation that challenges the officer's probable cause.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including whether the officer had probable cause for the traffic stop, whether you were properly informed of your rights under Ohio's implied consent law, and the accuracy of the chemical testing.

Possible Outcomes

The ALR hearing can result in one of three outcomes:

• Suspension Upheld: The BMV upholds the license suspension, and your driving privileges are suspended for the statutory period.
• Suspension Overturned: The BMV overturns the license suspension, and your driving privileges are reinstated.
• Restricted/Hardship License Granted: The BMV 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 law allows for the possibility of obtaining a restricted or hardship license during a license suspension.

• Eligibility Requirements: Eligibility requirements vary based on the specific circumstances of your case, including the length of the suspension and your prior driving record.
• What You Can Drive For: A restricted license typically allows you to drive for work, school, medical appointments, or other essential needs.
• Costs and Application Process: The application process involves filing a petition with the court and providing documentation to support your need for a restricted license.
• IID Requirement: In some cases, the court may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension if you are convicted of DUI in criminal court.

• Reinstatement Requirements: To reinstate your license after a DUI suspension, you must fulfill several requirements set by the Ohio BMV.
• Fees: You will be required to pay a reinstatement fee to the BMV. Check the Ohio BMV website for current fees.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility.
• Classes/Programs That Must Be Completed: You may be required to complete a Driver Intervention Program or other alcohol/drug education programs. The Ashland County Council on Alcoholism and Drug Abuse (ACCADA) at 310 College Avenue, Ashland, OH 44805, may offer such programs; call them at 419-289-7675. Appleseed Community Mental Health Center also offers substance use programs.

Ashland County DMV Offices

While specific DMV office information for Ashland County wasn't provided in the research data, you can use the Ohio BMV website to locate the nearest office.

Special Programs

• Ignition Interlock Device Program: Ohio requires IIDs for certain DUI offenders. You can find approved service centers on the Ohio Traffic Safety Office website.
• Occupational License: An occupational license may be available under specific circumstances.

Frequently Asked Questions

Q: Where will I be taken after being arrested for OVI in Ashland County? A: You will be transported to the Ashland County Jail, located at 1205 East Main Street, Ashland, OH 44805.

Q: Who is most likely to arrest me for OVI in Ashland County? A: The Ohio State Highway Patrol (OSHP), operating out of Post 3 in Ashland, executes the majority of OVI interdictions in Ashland County.

Q: What should I do if I am held in the Ashland County Jail overnight? A: The Ashland County Jail enforces mandatory lockdown periods from 10:30 PM to 6:00 AM and during shift changes, during which administrative processing, including bail, is paused.