Defiance County License Hearing Guide

Defiance DUI License Suspension & ALR Hearing

(Updated October 26, 2023)

Being arrested for a DUI in Defiance, Ohio is a stressful and confusing experience. One of the most immediate concerns many people face is the potential loss of their driving privileges. It's crucial to understand that the process involves two separate legal tracks: the criminal court case related to the DUI itself, and an administrative process concerning your driver's license. This guide focuses on the administrative side, specifically the license suspension and your right to an Administrative License Revocation (ALR) hearing. Time is of the essence, so read carefully and act quickly.

Your License After a DUI Arrest in Defiance

Following a DUI arrest in Defiance, the arresting officer likely confiscated your driver's license and issued a temporary permit. This temporary permit allows you to drive for a limited time, giving you the opportunity to prepare for the administrative hearing that will determine whether your license will be suspended. The administrative process is separate from your criminal DUI case. Even if you are found not guilty in criminal court, your license can still be suspended administratively, and vice versa. Understanding this distinction is vital.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important piece of information: You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. If you fail to request a hearing within this timeframe, your license will be automatically suspended. There are very few exceptions to this rule, so don't delay.

Where to Request: In Ohio, you request the ALR hearing through the Ohio Bureau of Motor Vehicles (BMV).

How to Request: You can request the hearing in writing by sending a certified letter, return receipt requested, to the following address:

Ohio Bureau of Motor Vehicles Driver License Suspension Section P.O. Box 16520 Columbus, OH 43216-6520

The letter must clearly state that you are requesting an ALR hearing related to your DUI arrest on [Date of Arrest] in Defiance, Ohio. Include your full name, date of birth, driver's license number, and current address.

While it's highly recommended to send a certified letter to ensure proof of delivery, you may also be able to initiate the request process online through the Ohio BMV website (check the BMV website to verify this option is currently available).

What Happens If You Miss the Deadline: Missing the 15-day deadline is detrimental. Your license will be automatically suspended, and you will lose your opportunity to challenge the suspension at an ALR hearing. This means you'll be without driving privileges for the duration of the suspension period.

Automatic License Suspension

The length of your license suspension depends on whether you submitted to a breath or blood test and the results, or if you refused to take the 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, your license will likely be suspended for 90 days for a first offense.
• Temporary Permit: Your temporary permit is valid until the ALR hearing is held or until the suspension period begins if you don't request a hearing, or if the suspension is upheld at the hearing.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a significantly harsher penalty. A first-time refusal results in a license suspension of one year.
• Implied Consent Law in Ohio: Ohio, like most states, operates under an implied consent law. This means that by driving on Ohio roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing carries significant consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It's conducted by the Ohio BMV, not the court. The purpose of the hearing is to determine whether the officer had probable cause to arrest you for DUI and whether your BAC was above the legal limit or whether you refused testing.

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 warranted, rather than "beyond a reasonable doubt" required in criminal court.

How to Prepare

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

• Gather Evidence: Collect any evidence that might support your case, such as witness statements, dashcam footage, or any other information that contradicts the officer's account.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Defiance County can be invaluable. They understand the local procedures, can effectively present your case, and can cross-examine witnesses to challenge the evidence against you.
• Understand What You Can Challenge: At the ALR hearing, you can challenge the following:
• Whether the officer had reasonable grounds to believe you were driving under the influence.
• Whether you were lawfully arrested.
• Whether your BAC was 0.08% or higher.
• Whether you refused to submit to the test.
• Whether the testing equipment was properly calibrated and maintained.

Possible Outcomes

• Suspension Upheld: If the BMV finds sufficient evidence to support the suspension, your license will be suspended for the applicable period (90 days for a failed test, one year for a refusal).
• Suspension Overturned: If the BMV finds that the evidence is insufficient, the suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for specific purposes, such as work, school, or medical appointments (see below).

Hardship/Restricted License in Ohio

Ohio law allows for the possibility of obtaining a restricted or hardship license during a license suspension.

• Eligibility Requirements: Generally, you must have served a portion of your suspension period (often 15 days) before applying for a restricted license. You must also demonstrate a legitimate need to drive, such as for employment, education, or medical care.
• What You Can Drive For: A restricted license typically limits you to driving to and from work, school, medical appointments, and court-ordered programs.
• Costs and Application Process: The application process involves submitting a formal application to the court and providing documentation to support your need for a restricted license. There are associated fees for the application and issuance of the license. Contact the Defiance County Court of Common Pleas for specific details.
• 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 restricted license.

Getting Your License Back

After Criminal Case Concludes

Even if you successfully navigate the ALR hearing and retain your license initially, you still need to address the criminal DUI case. The outcome of the criminal case can also impact your driving privileges.

• Reinstatement Requirements: After the suspension period ends (whether from the ALR hearing or the criminal case), you will need to meet certain requirements to reinstate your license.
• Fees: You will be required to pay a reinstatement fee to the Ohio BMV.
• SR-22 Insurance Requirement: You will likely be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of three years.
• Classes/Programs: You may be required to complete a DUI education program or alcohol/drug treatment program as part of your sentence.

Defiance DMV Offices

Unfortunately, there is not a full-service BMV location within Defiance itself. The closest BMV deputy registrar agencies are:

• Bryan License Bureau: 114 W High St, Bryan, OH 43506. Hours: Mon-Fri 8:00 AM - 5:00 PM. Phone: (419) 636-1831.
• Napoleon License Bureau: 118 E Washington St, Napoleon, OH 43545. Hours: Mon-Fri 8:00 AM - 5:00 PM. Phone: (419) 592-6786.

Please note: It is always best to call ahead to confirm hours of operation.

Special Programs

• Ignition Interlock Device (IID) Program: Ohio has an IID program that allows drivers convicted of DUI to regain driving privileges sooner by installing a device in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: As mentioned above, a restricted license (sometimes referred to as an occupational license) allows you to drive for specific purposes, such as work, school, or medical appointments, during a license suspension.

This information is intended for informational purposes only and should not be considered legal advice. If you have been arrested for DUI in Defiance, Ohio, it is essential to consult with a qualified DUI attorney as soon as possible to protect your rights and driving privileges. Don't delay – the 15-day deadline to request an ALR hearing is rapidly approaching!