Delaware County License Hearing Guide

A refused or failed chemical test triggers an immediate license suspension at the roadside, 90 days for a failed test with a 15-day hard suspension, a full year for a refusal with 30 days hard. The appeal has to be filed within 30 days of the initial arraignment, and that deadline is strictly jurisdictional: miss it and the municipal court loses all authority to review the suspension, regardless of what happens with the criminal case. The safest approach is filing the ALS appeal at the very first arraignment, alongside the Not Guilty plea, rather than waiting. There's no separate BMV fee to request the hearing itself.

A Paperwork Defect Can Void the Whole Suspension

BMV Form 2255 has specific procedural requirements, and officers don't always get them right. If the arresting officer fails to check the box confirming the ALS was imposed, or fails to properly attest to the form before filing it with the court, the suspension can be declared void on those grounds alone. Reviewing the physical copy given at arrest for missing checkmarks, alterations, or a missing signature is a real, specific thing worth having an attorney check.

Getting to the Local BMV Office

The Delaware Deputy Registrar on US-23 accepts walk-ins for reinstatement processing and vision tests, but wait times run long given the volume. The BMV's "Get In Line Online" system lets a driver reserve a queue spot digitally before making the trip, which is worth doing before showing up in person. Reinstatement itself requires a $475 fee to the BMV plus proof of insurance once the suspension period ends.