Auglaize County License Hearing Guide

Your License After a DUI Arrest in Auglaize County

After being arrested for driving under the influence (DUI) in Auglaize County, Ohio, you face two separate legal processes: a criminal case in court and an administrative license suspension (ALS) handled by the Ohio Bureau of Motor Vehicles (BMV). This guide focuses on the ALS process, which can result in the immediate suspension of your driving privileges, independent of the criminal case outcome. Understanding the deadlines and procedures is crucial to protecting your ability to drive.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an Administrative License Suspension (ALS) hearing. This hearing challenges the immediate suspension of your driver's license.

To request a hearing, contact the Ohio BMV. While specific contact information for scheduling ALR hearings isn't available, you can find general information about driver's license suspensions and reinstatements on the Ohio Bureau of Motor Vehicles website.

Missing the 15-day deadline results in an automatic license suspension. There are very limited exceptions to this rule, so acting quickly is essential.

Automatic License Suspension

Even before your criminal case goes to court, the Ohio BMV can suspend your driver's license based on the circumstances of your arrest.

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 length of the suspension depends on Ohio law §4511.19. You may be able to drive using a temporary permit until your ALS hearing or the start of the suspension period.

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 take a breath, blood, or urine test results in a longer license suspension than failing the test. The suspension length for refusing a test is determined by Ohio's implied consent laws, which can be found in the Ohio Revised Code.

The ALR/Administrative Hearing

The Administrative License Suspension (ALS) hearing is a separate proceeding from your criminal DUI case. It is held to determine whether the BMV was justified in suspending your license.

What It Is

The ALR hearing is an administrative hearing, not a criminal trial. This means the burden of proof is lower than in a criminal case. The BMV must prove that:

• The officer had reasonable grounds to believe you were driving under the influence.
• You were arrested.
• You either refused to take a chemical test or your BAC was over the legal limit.

How to Prepare

Preparing for your ALR hearing is crucial to potentially saving your license.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements or video footage.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the accuracy of the breathalyzer, or whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have one of three outcomes:

• Suspension Upheld: The BMV's suspension remains in effect.
• Suspension Overturned: Your license is reinstated.
• Restricted/Hardship License Granted: You may be eligible for limited driving privileges.

Hardship/Restricted License in Ohio

Even if your license is suspended, you may be able to obtain a hardship or restricted license in Ohio, allowing you to drive for specific purposes.

• Eligibility Requirements: Eligibility varies depending on the circumstances of your case and Ohio law.
• What You Can Drive For: Typically, a restricted license allows driving for work, school, medical appointments, or other essential needs.
• Costs and Application Process: The application process involves filing a petition with the court and paying applicable fees.
• IID Requirement: The court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of a restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You must fulfill all court-ordered requirements, including fines, jail time, and treatment programs.
• Fees: Pay all reinstatement fees to the BMV.
• SR-22 Insurance Requirement: Obtain SR-22 insurance, a certificate of financial responsibility, and maintain it for a specified period.
• Classes/Programs That Must Be Completed: Complete any required DUI education or treatment programs.

Auglaize County BMV Offices

The Ohio BMV handles driver's license reinstatement. Here's the local office information:

• Auglaize County License Bureau 604 S Blackhoof St, Wapakoneta, OH. Waze Driving Directions

Another BMV office in Auglaize County is the Auglaize Title Office.

You may also schedule an appointment at the Wapakoneta BMV.

Special Programs

• Ignition Interlock Device Program: Ohio requires IIDs for repeat DUI offenders and may require them for first-time offenders.
• Occupational License: An occupational license may allow driving for work purposes during a license suspension.

Frequently Asked Questions

1Can I get my license back early if I install an IID in Auglaize County? The possibility of early reinstatement with an IID depends on the specifics of your case and Ohio law. Consult with a DUI attorney to explore your options.

2Where can I post bail in Auglaize County if the Municipal Court is closed? Bail and bond payments for traffic and OVI citations can be posted physically at the Auglaize County Sheriff's Office front lobby 24 hours a day.

3What is the penalty for violating Community Control (probation) in Auglaize County if I have a medical marijuana card? Even with a valid medical marijuana card, using, possessing, or controlling medical marijuana while under Community Control is prohibited unless you receive explicit written permission from the Judge.