Delaware County License Hearing Guide

Delaware DUI License Suspension & ALR Hearing: A Step-by-Step Guide

Being arrested for a DUI in Delaware, Ohio can be a frightening experience. One of the most immediate concerns is what happens to your driver's license. It's crucial to understand that there are two separate legal processes at play: the criminal court case and the administrative license suspension process. This guide focuses on the administrative process and the steps you must take immediately to protect your driving privileges. This process is handled by the Ohio Bureau of Motor Vehicles (BMV), not the Delaware County court system.

While the criminal case deals with potential jail time, fines, and a criminal record, the administrative process (often called an ALR hearing) determines whether your driver's license will be suspended. These are independent of each other, meaning you can lose your license administratively even if you are found not guilty in criminal court. This guide provides urgent, practical information to help you navigate the ALR process in Delaware, Ohio.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

After a DUI arrest in Ohio, you have a very limited window of opportunity to challenge the automatic suspension of your driver's license. You MUST request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. Missing this deadline will result in an automatic license suspension.

Where to Request: You request the ALR hearing from the Ohio Bureau of Motor Vehicles (BMV).

How to Request: You can request the hearing by:

• Online: The Ohio BMV often has an online portal for requesting ALR hearings. Check the BMV website (usually Ohio.gov/BMV) for the most up-to-date information and specific instructions. Look for sections related to DUI, OVI, or administrative license suspension.
• Phone: Contact the Ohio BMV directly by phone. The specific number to call for ALR hearings may be different from the general BMV phone number. Check the BMV website for the correct contact information.
• Mail: You can send a written request for an ALR hearing by certified mail. This is the most reliable method to prove you submitted your request on time. Include the following information in your letter:
• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• A clear statement that you are requesting an Administrative License Revocation (ALR) hearing regarding your recent DUI arrest in Delaware, Ohio.
• The date of your arrest.

Send the letter to the address specified by the BMV for ALR hearing requests. Again, check the BMV website for the correct address.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your DUI arrest, your license will automatically be suspended. There are very few exceptions to this rule, so it is imperative that you act quickly.

Automatic License Suspension

The circumstances surrounding your DUI arrest determine the length of the automatic license suspension.

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 subject to an administrative suspension. The length of the suspension will depend on the specific BAC level and any prior DUI convictions. Expect the suspension to last at least 90 days, but it can be longer for higher BAC levels or repeat offenses.

Your temporary permit, issued at the time of your arrest, is typically valid until your ALR hearing or until the date your suspension begins if you don't request a hearing or if the suspension is upheld.

If You Refused Testing

Ohio, like most states, has an implied consent law. This means that by driving on Ohio roads, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing to submit to testing carries a significantly harsher penalty than failing a test.

The penalty for refusing a breath, blood, or urine test is a longer license suspension than if you had taken and failed the test. This suspension can range from one year to multiple years, depending on prior DUI convictions. The exact length will be determined by the BMV.

The ALR/Administrative Hearing

Understanding the ALR hearing process is critical to protecting your driving privileges.

What It Is

The ALR hearing is a separate proceeding from your criminal DUI case. It is an administrative hearing conducted by the Ohio BMV, not a court of law. The purpose of the hearing is to determine whether the BMV had sufficient cause to suspend your driver's license based on the circumstances of your DUI arrest.

The burden of proof in an ALR hearing is lower than in a criminal trial. The BMV only needs to show that it is more likely than not (a preponderance of the evidence) that you were driving under the influence.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, video surveillance, or any other documentation that challenges the police officer's account of the events.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Ohio ALR hearings can be invaluable. They understand the legal procedures, can present your case effectively, and can cross-examine witnesses. While legal representation isn't required, it significantly increases your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly advised of your rights regarding chemical testing.
• Whether the breathalyzer or blood test was properly administered and calibrated.
• Whether your BAC was actually above the legal limit.
• Whether you refused the test.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: If the BMV hearing officer determines that the evidence supports the license suspension, your license will be suspended for the applicable period.
• Suspension Overturned: If the hearing officer finds that the BMV did not have sufficient cause to suspend your license, your driving privileges will be reinstated immediately.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive for specific 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, also known as occupational driving privileges.

• Eligibility Requirements: Eligibility requirements vary depending on the length of the suspension and any prior DUI convictions. Generally, you must demonstrate a need to drive for essential purposes, such as employment, education, medical treatment, or childcare.
• What You Can Drive For: A hardship license typically restricts driving to specific routes and times related to your essential needs. For example, you might be allowed to drive to and from work, school, or medical appointments.
• Costs and Application Process: The application process for a hardship license involves filing a petition with the court and providing documentation to support your need to drive. There are fees associated with the application process. Your DUI attorney can assist you with this process.
• IID Requirement: Depending on the circumstances of your DUI arrest and your prior record, 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

Once your license suspension period is over, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

Regardless of the outcome of your criminal case, you must follow specific procedures to reinstate your license after the suspension period ends.

• Reinstatement Requirements: Reinstatement requirements typically include paying reinstatement fees to the BMV, completing any required DUI education or treatment programs, and passing any required driving tests.
• Fees: Reinstatement fees vary depending on the length of the suspension and the reason for the suspension.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of several years after your DUI conviction.
• Classes/Programs That Must Be Completed: You may be required to complete DUI education or treatment programs as a condition of license reinstatement. These programs are designed to address alcohol abuse and prevent future DUI offenses.

Delaware DMV Offices

While this guide focuses on the administrative process managed by the Ohio BMV, here are some potential BMV locations in and around Delaware County, Ohio. Always verify the most up-to-date address and hours of operation online as they can change.

Special Programs

• Ignition Interlock Device (IID) Program: Ohio has a mandatory IID program for certain DUI offenders. This program requires the installation of a breathalyzer device in the offender's vehicle, which prevents the vehicle from starting if alcohol is detected on the driver's breath.
• Occupational License: As described above.

This guide provides general information about DUI license suspensions and ALR hearings in Delaware, Ohio. However, it is not a substitute for legal advice. If you have been arrested for DUI, you should consult with a qualified DUI attorney as soon as possible to protect your rights and explore your legal options. Remember, you only have 15 days to request an ALR hearing, so time is of the essence.