Franklin County BMV ALS Hearing Guide

Your License After a DUI Arrest in Franklin County

Being arrested for DUI (Driving Under the Influence), also known as OVI (Operating a Vehicle under the Influence) in Ohio, triggers two separate legal processes: a criminal case in court and an administrative action against your driver's license by the Ohio Bureau of Motor Vehicles (BMV). This guide focuses on the administrative side, specifically the Administrative License Suspension (ALS) and the steps you can take to potentially save your driving privileges in Franklin County. It's crucial to understand that the ALS process is separate from your criminal case, and action must be taken quickly to protect your rights.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Ohio, you have a limited time to request an Administrative License Suspension (ALS) hearing. To appeal the ALS, you typically have 30 days from your initial court appearance (arraignment) to file an appeal of the ALS under ORC 4511.197. Missing this deadline results in an automatic suspension of your driver's license.

To request an ALR hearing, you must contact the Ohio BMV. The exact method for requesting a hearing (online, phone, or mail) should be available on the BMV website.

If you miss the 30-day deadline, the ALS becomes final. Even if the OVI charge is later reduced or dismissed, the ALS remains on your record, accumulating "points" and potentially affecting your insurance rates.

Automatic License Suspension

Upon arrest for OVI in Ohio, the arresting officer may seize your physical driver's license if you either failed a chemical test (breath, blood, or urine) or refused to submit to testing. This triggers an automatic license suspension, the terms of which depend on the circumstances.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath, blood, or urine test and the result indicated a Blood Alcohol Concentration (BAC) of 0.08 or higher, your license will be suspended. The suspension duration depends on Ohio law. During the "hard time" period, no driving privileges can be granted by the court for any reason. The defendant is strictly prohibited from driving.

You will receive a temporary driving permit, which is valid until the ALR hearing or the date the suspension officially begins.

If You Refused Testing

Refusing to submit to chemical testing carries a longer suspension period under Ohio's implied consent law. Ohio law implies that by driving on Ohio roads, you have consented to submit to chemical testing if arrested for DUI. If you refuse, your license will be suspended, even if you are later found not guilty of the DUI offense.

The length of the suspension for refusing a chemical test varies based on prior refusals within a six-year period:

• First refusal: 1-year suspension with a 30-day "hard time" period.
• Second refusal: 2-year suspension with a 90-day "hard time" period.

The ALR/Administrative Hearing

What It Is

The Administrative License Suspension (ALS) hearing, also known as an Administrative License Revocation (ALR) hearing, is a civil proceeding separate from the criminal DUI case. It is conducted by the Ohio BMV or an administrative law judge to determine whether the license suspension is warranted based on the evidence.

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 that you were driving under the influence to uphold the suspension.

How to Prepare

Preparing for the ALR hearing is crucial to increasing your chances of getting the suspension overturned or obtaining limited driving privileges. Consider the following:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Understand What You Can Challenge: You can challenge the legality of the traffic stop, the accuracy of the chemical test, and whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the BMV proves that the suspension is warranted, your license will remain suspended for the statutory period.
• Suspension Overturned: If you successfully challenge the evidence or procedure, the suspension may be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted or hardship license, allowing you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Ohio law may allow you to apply for limited driving privileges during your license suspension. The eligibility requirements and restrictions vary depending on the circumstances of your case and the length of the suspension.

Generally, you may be eligible for a restricted license if:

• Your license is suspended for a first-time DUI offense.
• You have not refused to submit to chemical testing.
• You have completed a portion of your suspension period (the "hard time" period must have passed).

With a restricted license, you may be able to drive for:

• Work
• School
• Medical appointments
• Court-ordered treatment

To obtain a restricted license, you must apply to the court that has jurisdiction over your case. You will need to provide proof of insurance, pay a fee, and demonstrate a need for driving privileges. Depending on the circumstances, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of the restricted license.

Getting Your License Back

After Criminal Case Concludes

Once your license suspension period ends or is terminated by the court, you must take specific steps to reinstate your driving privileges. Reinstatement requirements may include:

• Paying a reinstatement fee (typically $475).
• Providing proof of insurance to the BMV.
• Filing an SR-22 form (proof of financial responsibility) with the BMV.
• Completing any required alcohol/drug education or treatment programs.

You must visit a BMV office to complete the reinstatement process. The Regional Reinstatement Center is located at 1583 Alum Creek Drive, Columbus, OH 43209. The Ohio BMV offers a queue management system called "Get In Line Online" to mitigate the wait at Alum Creek.

Franklin County DMV Offices

Franklin County is served by a primary Regional Reinstatement Center:

• 1583 Alum Creek Drive, Columbus, OH 43209

For simple reinstatement fee payments (where no complex hearing or testing is required), defendants should avoid Alum Creek entirely and visit a standard Deputy Registrar or the location at West Broad Street (Hollywood Casino area), which often has lower volume. Note that not all Deputy Registrars can process all types of reinstatement actions; verification via the BMV website is recommended.

Special Programs

• Ignition Interlock Device (IID) Program: An IID requires the driver to blow into a breathalyzer to start the vehicle. It is mandatory for "Annie's Law" privileges (unlimited driving) and for certain repeat offenses.
• Occupational License: This license allows driving for work, school, or medical treatment during a license suspension.

Frequently Asked Questions

Q: Where do I pay my bond in Franklin County after hours? A: Payments are accepted at the Franklin County Municipal Court Clerk's office (375 S. High St, 2nd Floor) 24 hours a day, 7 days a week. Bonds can also be posted directly at the release window at Jackson Pike, particularly after court hours.

Q: Where do I go for arraignment if I bonded out of jail? A: Defendants who have bonded out of jail report to Courtroom 4C in the Franklin County Municipal Court at 375 South High Street, Columbus, Ohio 43215. Doors open at 8:30 AM, and arraignments begin at 9:00 AM, Monday through Friday.

Q: What happens if I bring my cell phone to the Franklin County Municipal Court? A: The Franklin County Municipal Court enforces a strict No Cell Phone Policy for the general public. Crucially, there are no public storage lockers available at the security checkpoint, so you will be denied entry.

Sources

• Franklin County Municipal Court | Departments and Services - Security
• Section 4511.197 | Appeal of implied consent suspension
• Arraignment Court - Franklin County Municipal Court