Hamilton County BMV ALS Hearing Guide

Hamilton County DUI License Suspension & ALR Hearing

A DUI arrest in Hamilton County, Ohio, can trigger two separate legal proceedings: a criminal case in court and an administrative license suspension. This guide focuses on the administrative side, specifically the license suspension imposed by the Ohio Bureau of Motor Vehicles (BMV) following your arrest. It's crucial to understand these procedures and act quickly to protect your driving privileges. This process is entirely separate from your criminal court case and its outcome does not determine the outcome of your criminal case.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Hamilton County, you have a very limited window to challenge the automatic suspension of your driver's license. You MUST request an Administrative License Suspension (ALS) hearing within 15 days of your arrest.

Where to Request: You must request this hearing through the Ohio Bureau of Motor Vehicles (BMV).

How to Request:

• Online: The Ohio BMV often has an online portal for requesting ALS hearings. Check the BMV website (usually under "DUI" or "ALS Hearings") for the most up-to-date information and forms.
• Phone: Contact the Ohio BMV directly to inquire about requesting a hearing by phone. Be prepared to provide your driver's license information and details about your DUI arrest.
• Mail: You can typically request a hearing by mailing a written request to the designated BMV address. This address should be listed on the paperwork you received at the time of your arrest. It is highly recommended to send this request via certified mail with return receipt requested to ensure proof of delivery. Your request should include:
• 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 Suspension (ALS) hearing regarding your DUI arrest on [Date of Arrest] in Hamilton County, Ohio.

What Happens If You Miss the Deadline: If you fail to request an ALS hearing within 15 days of your arrest, your license will be automatically suspended. There are very few exceptions to this deadline, so it's critical to act immediately. Don't delay!

Automatic License Suspension

The Ohio BMV automatically suspends your driver's license based on the circumstances of your DUI arrest. The length of the suspension depends on whether you submitted to a breath, blood, or urine test and the result, or if you refused to take a 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, you will face an administrative license suspension. The length of the suspension for a first offense varies but typically starts around 90 days. However, this can be longer based on other factors.
• Temporary Permit: You may have been issued a temporary permit at the time of your arrest. This permit is generally valid until your ALS hearing or until the automatic suspension begins, whichever comes first. Pay close attention to the expiration date on the permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a much harsher penalty than failing the test in Ohio. The suspension for a first-time refusal is significantly longer, often one year or more.
• 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 can result in severe penalties, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The Administrative License Suspension (ALS) hearing, also sometimes referred to as an ALR (Administrative License Revocation) hearing, is a separate proceeding from your criminal DUI case. It's conducted by the Ohio BMV and focuses solely on whether your license suspension is warranted based on the evidence presented.

What It Is

• Separate from Criminal Court: This hearing is not a criminal trial. The outcome of the ALS hearing does not determine your guilt or innocence in the criminal DUI case.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine if the arresting officer had probable cause to believe you were driving under the influence and whether you were properly informed of your rights and the consequences of refusing or failing a chemical test.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALS hearing is lower than in a criminal trial. The BMV only needs to prove their case by a preponderance of the evidence (more likely than not), rather than beyond a reasonable doubt.

How to Prepare

• Gather Evidence: Gather any evidence that supports your case, such as:
• Witness statements
• Video footage (e.g., dashcam video)
• Medical records
• Documentation challenging the accuracy of the breathalyzer or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Hamilton County can be invaluable. They understand the ALS hearing process, can gather and present evidence effectively, and can cross-examine witnesses. They will know the specific judges and prosecutors and how they tend to handle these cases.
• Understand What You Can Challenge: You can challenge several aspects of the suspension, 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 informed of your Miranda rights.
• Whether the breathalyzer or blood test was administered correctly.
• Whether the testing equipment was properly maintained and calibrated.

Possible Outcomes

• Suspension Upheld: If the BMV finds sufficient evidence to support the suspension, your license will remain suspended for the applicable period.
• Suspension Overturned: If the BMV finds that the evidence is insufficient, your license suspension will be lifted, 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 essential purposes (e.g., work, school, medical appointments).

Hardship/Restricted License in Ohio

Ohio law allows for the possibility of obtaining a limited driving privilege (hardship license) even while your license is suspended.

• Eligibility Requirements: Eligibility typically depends on factors such as your driving record, the severity of the DUI offense, and your need to drive for essential purposes. You may need to demonstrate that you have no other means of transportation.
• What You Can Drive For: A hardship license typically restricts driving to specific purposes, such as:
• Travel to and from work
• Travel to and from school
• Travel to and from medical appointments
• Travel for court-ordered treatment or programs
• Costs and Application Process: The application process involves filing a petition with the court and providing supporting documentation. There are fees associated with the application.
• IID Requirement: In many cases, obtaining a hardship license requires the installation of an Ignition Interlock Device (IID) in your vehicle. This device requires you to blow into it before starting the car to ensure your BAC is below a certain level.

Getting Your License Back

Once your suspension period is over and your criminal case is resolved, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the BMV.
• Providing proof of insurance (SR-22).
• Completing any required DUI education or treatment programs.
• Fees: Reinstatement fees vary and can be found on the Ohio BMV website.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required auto insurance coverage. You may be required to maintain SR-22 insurance for several years after a DUI conviction.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program, alcohol and drug assessment, or other treatment programs as part of your criminal sentence or as a condition of license reinstatement.

Hamilton County DMV Offices

Here are some local BMV offices in Hamilton County where you can handle license-related matters. It is always advisable to call ahead to confirm hours and services offered.

• Cincinnati Downtown BMV: - [Phone Number] - [Hours of Operation]

(Note: You will need to research and add the actual addresses, phone numbers, and hours of operation for local BMV offices in Hamilton County.)

Special Programs

• Ignition Interlock Device Program: Ohio has an IID program that allows individuals convicted of DUI to regain driving privileges sooner by installing an IID in their vehicle.
• Occupational License: [Research and add information about occupational licenses in Ohio, including eligibility requirements and how to apply.]
• [Research and add any other relevant state-specific programs related to DUI or license reinstatement.]

This guide provides general information and should not be considered legal advice. If you have been arrested for DUI in Hamilton County, Ohio, it is highly recommended that you consult with a qualified DUI attorney as soon as possible to protect your rights and explore your legal options. Time is of the essence!