Clermont County License Hearing Guide

Clermont County DUI License Suspension & ALR Hearing

After a DUI arrest in Clermont 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 for the ALS hearing is critical to potentially saving your license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Clermont County, you have only 15 days from the date of arrest to request an Administrative License Suspension (ALS) hearing. This request must be made to the Ohio BMV.

To request a hearing:

• Contact the Ohio BMV: Information on contacting the BMV can be found at the Ohio Department of Public Safety.
• Methods of Request: Check with the BMV for accepted methods, which may include online submission, phone request, or mailing a written request.

Missing this 15-day deadline results in an automatic license suspension. No exceptions are typically made, so immediate action is crucial.

Automatic License Suspension

An automatic license suspension goes into effect if you either fail the breath/blood test or refuse to take it.

If You Took the Breath/Blood Test and Failed

If your Blood Alcohol Content (BAC) was 0.08 or higher, Ohio law mandates an automatic license suspension. The arresting officer will seize your physical license and issue a BMV Form 2255, which serves as a temporary driving permit. This temporary permit remains valid until the ALS hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test carries a longer suspension period under Ohio's implied consent law. Ohio's implied consent law states that by driving on Ohio roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to take the test results in an automatic license suspension.

The ALR/Administrative Hearing

The Administrative License Suspension (ALS) hearing is separate from your criminal court case. It is an administrative proceeding conducted to determine whether the license suspension is warranted based on the circumstances of your arrest.

What It Is

The ALS hearing is not a criminal trial. The burden of proof is lower than in a criminal case. The BMV only needs to show that the arresting officer had reasonable grounds to believe you were driving under the influence and that you either failed or refused a chemical test.

How to Prepare

Preparing for the ALS hearing is crucial. Consider the following:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or any documentation that challenges the validity of the traffic stop or the accuracy of the chemical test.
• Understand What You Can Challenge: You can challenge the legality of the initial traffic stop, the administration of the chemical test, and whether the officer had probable cause to arrest you for DUI.

Possible Outcomes

The ALS hearing can have three possible outcomes:

• Suspension Upheld: The BMV finds sufficient evidence to support the suspension, and your license remains suspended.
• Suspension Overturned: The BMV does not find sufficient evidence, and your license is reinstated.
• Restricted/Hardship License Granted: The BMV may grant a restricted or hardship license, allowing you to drive under specific conditions, such as for work, school, or medical appointments.

Hardship/Restricted License in Ohio law allows for the possibility of obtaining a restricted or hardship license during your suspension period.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your case, including the length of the suspension, prior offenses, and the reason for needing to drive.
• What You Can Drive For: A restricted license typically allows you to drive for essential purposes, such as going to work, school, medical appointments, or court-ordered treatment programs.
• Costs and Application Process: The application process involves submitting a formal request to the court, providing documentation to support your need for a restricted license, and paying any applicable fees.
• IID Requirement: Depending on the circumstances, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

Even if the ALS suspension is overturned, a criminal conviction for DUI will result in a separate license suspension.

• Reinstatement Requirements: Reinstatement requirements may include completing a DUI education program, paying reinstatement fees to the BMV, and passing any required driving tests.
• Fees: Check with the BMV for the exact reinstatement fees.
• SR-22 Insurance Requirement: You will likely be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period, typically three years, following your conviction. The SR-22 must be maintained for a minimum of three years following an OVI conviction. No local physical office visit is required, as this is managed electronically by the carrier.
• Classes/Programs That Must Be Completed: You may be required to complete a Driver Intervention Program (DIP) or other court-ordered treatment programs as part of your reinstatement requirements. In Clermont County, judges routinely offer the option to complete a 72-hour Driver Intervention Program (DIP) in lieu of incarceration. The Clermont Recovery Center offers programs:
• Clermont Recovery Center (Camp Allyn): Located at 1414 Lake Allyn Drive, Batavia, OH 45103. Phone: (513) 735-8100.
• Clermont Recovery Center (Holiday Inn Eastgate): Located at 4501 Eastgate Blvd, Cincinnati, OH 45245. Phone: (513) 752-4400.

Clermont County BMV Offices

The Clermont County BMV office is:

• Clermont County BMV (DX): 457 West Main Street, Batavia, Ohio, 45103. Phone: (513) 732-8050.

Special Programs

• Ignition Interlock Device Program: Ohio requires IIDs for certain DUI offenders, especially repeat offenders.
• Occupational License: An occupational license allows driving for work even under suspension.

Frequently Asked Questions

Q: How long do I have to request an ALS hearing in Clermont County? A: You have only 15 days from the date of your arrest to request an ALS hearing.

Q: Where in Clermont County will my car be towed after a DUI arrest? A: Your vehicle may be towed to Tarvin Auto Towing & Recovery (2306 Old State Route 32, Batavia, OH 45103, Phone: (513) 732-6348) or, if arrested near the Hamilton County border, to the Cincinnati Police Impound (3425 Spring Grove Ave, Cincinnati, OH 45225, Phone: (513) 352-6370).

Q: What happens if I miss the deadline to request an ALS hearing? A: If you miss the 15-day deadline, your license will be automatically suspended.