Brown County License Hearing Guide

Brown DUI License Suspension & ALR Hearing

A DUI arrest in Brown, Ohio can be a frightening experience, and understanding the immediate steps you need to take is crucial. This guide is designed to provide you with the information you need to navigate the license suspension process and protect your driving privileges. It's important to understand that a DUI arrest triggers two separate legal processes: a criminal case in court and an administrative process regarding your driver's license. This guide focuses on the administrative process and how to fight for your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Brown County, you face an immediate threat to your driver's license. You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your chance to challenge the suspension of your driver's license.

Where to Request: In Ohio, the ALR hearing is handled by the Ohio Bureau of Motor Vehicles (BMV).

How to Request: You must request a hearing in writing. You can typically do this online or by mailing a request to the BMV. Consult with an attorney for exact procedures. Your arresting officer should have provided you with paperwork containing information about requesting this hearing.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your license will be automatically suspended. This suspension will take effect even before your criminal case is resolved. Do not miss this deadline! Contact a DUI attorney immediately to ensure your request is filed correctly and on time.

Automatic License Suspension

An automatic license suspension is triggered by one of two events: failing a breath, blood, or urine test, or refusing to submit to testing.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath, blood, or urine test and your Blood Alcohol Content (BAC) was 0.08% or higher, your license will be automatically suspended. The length of the suspension varies depending on your prior record and the level of your BAC.

• BAC over 0.08: The suspension period will vary based on prior offenses and BAC level. Consult with an attorney to determine the exact length of your suspension.

Typically, you will be issued a temporary permit after your arrest, which is valid until your ALR hearing or the effective date of the suspension, whichever comes first. This temporary permit allows you to drive legally until your suspension begins.

If You Refused Testing

Ohio 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 Penalty: Refusing to submit to a breath, blood, or urine test carries a harsher penalty than failing the test. The suspension for refusing testing is typically longer than the suspension for failing a test.

The consequences of refusing a test can be severe, including a longer suspension period and difficulty obtaining a restricted license.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a critical opportunity to challenge the suspension of your driver's license. It's important to understand that this hearing is separate from your criminal case.

What It Is

The ALR hearing is an administrative proceeding conducted by the Ohio BMV. Its sole purpose is to determine whether the suspension of your driver's license is warranted based on the evidence presented.

• Separate From Criminal Court: The outcome of the ALR hearing does not determine your guilt or innocence in the criminal DUI case.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence to determine if there was probable cause for the arrest, if you were properly advised of your rights, and if your BAC was over the legal limit or if you refused testing.
• Lower Burden of Proof Than Criminal Trial: The burden of proof at 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 justified.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, video footage (if available), and any documentation related to your arrest.
• Consider Hiring a DUI Attorney: A DUI attorney can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the legal procedures, can effectively cross-examine witnesses, and can present your case in the most persuasive manner.
• Understand What You Can Challenge: You can challenge various aspects of the suspension, including the probable cause for the traffic stop, the validity of the breath/blood test, and whether you were properly advised of your rights.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the hearing officer finds that the suspension is warranted, your license will remain suspended.
• Suspension Overturned: If the hearing officer finds that the suspension is not warranted, your license will be reinstated.
• 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, such as going to work, school, or medical appointments.

• Eligibility Requirements: To be eligible for a hardship license, you typically need to demonstrate a legitimate need to drive and meet certain other requirements, such as completing a substance abuse assessment.
• What You Can Drive For: A hardship license typically restricts you to driving for specific purposes, such as work, school, medical appointments, or court-ordered treatment.
• Costs and Application Process: The cost of obtaining a hardship license varies, and the application process involves submitting an application to the court and providing supporting documentation.
• IID Requirement: Depending on the circumstances of your DUI arrest, 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

After your criminal case concludes and your suspension period has ended, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to pay reinstatement fees, provide proof of insurance, and complete any required classes or programs.
• Fees: The reinstatement fees vary depending on the length of your suspension and other factors.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time after your license is reinstated.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your DUI, you may be required to complete a DUI education program or substance abuse treatment program before your license can be reinstated.

Brown DMV Offices

Unfortunately, there are no BMV offices located directly within Brown County. The closest locations are in neighboring counties. Be sure to check the Ohio BMV website for the most up-to-date information and hours of operation.

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Special Programs

• Ignition Interlock Device Program: Ohio requires the use of IIDs for repeat offenders and those with high BAC levels. The Ohio BMV website has a list of approved vendors.
• Occupational License: This is another name for a hardship license, allowing driving privileges for work or school.

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Disclaimer: This guide provides general information about DUI laws in Ohio and is not intended as legal advice. It is essential to consult with a qualified DUI attorney in Brown County to discuss the specific facts of your case and receive personalized legal guidance. The information provided here is subject to change, and it is your responsibility to verify the accuracy and completeness of the information with the appropriate authorities. Act quickly to protect your rights and driving privileges.