Henry County License Hearing Guide

Henry DUI License Suspension & ALR Hearing: What You Need to Know NOW

Being arrested for a DUI in Henry, Ohio can be a frightening experience. Besides the criminal charges, your driver's license is immediately at risk. It's crucial to understand the administrative process, which is separate from the criminal court, and how to protect your driving privileges. This guide explains the license suspension process and the crucial role of the Administrative License Revocation (ALR) hearing in Henry County.

Think of it this way: the criminal case determines your guilt or innocence regarding the DUI charge itself. The ALR hearing is about whether the state administratively suspends your license based on the circumstances of your arrest, regardless of the outcome of your criminal case.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

Time is of the essence! If you want to challenge the suspension of your driver's license after a DUI arrest in Henry County, you must request an ALR hearing within 15 days of your arrest. This is a hard deadline, and missing it will result in an automatic license suspension.

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

How to Request:

• Online: Visit the Ohio BMV website (search "Ohio BMV ALR Hearing Request") and follow the online instructions. This is often the fastest and most convenient method.
• Phone: Contact the Ohio BMV directly. You can find the relevant phone number on their website. Be prepared to provide information about your arrest and driver's license.
• Mail: You can send a written request to the Ohio BMV. Include your full name, driver's license number, date of birth, date of arrest, arresting agency, and a clear statement that you are requesting an ALR hearing. It is highly recommended to send this request via certified mail with return receipt requested to have proof of delivery.

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

Automatic License Suspension

An automatic license suspension goes into effect based on the results of your breath, blood, or urine test (if you took one) 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 face an immediate administrative license suspension. The length of the suspension will vary based on your prior DUI offenses, but it is typically a minimum of 90 days for a first offense.
• Temporary Permit: The arresting officer should have provided you with a temporary driving permit. This permit is usually valid until your ALR hearing or until the suspension officially 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 in Ohio. The suspension for refusing a test is typically longer than the suspension for failing a test.
• Implied Consent Law in Ohio: 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 if lawfully arrested for DUI. Refusal to comply with this law results in administrative penalties, separate from any criminal penalties.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the administrative suspension of your driver's license. It's a critical part of the DUI process.

What It Is

• Separate from Criminal Court: Remember, the ALR hearing is a civil proceeding, entirely separate from your criminal DUI case. Even if you are ultimately found not guilty in criminal court, your license can still be suspended administratively.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the officer had probable cause to arrest you for DUI and whether you either failed a chemical test or refused to take one.
• Lower Burden of Proof Than Criminal Trial: 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.

How to Prepare

• Gather Evidence: Start gathering any evidence that might support your case. This could include:
• Witness statements (if anyone was with you)
• Dashcam footage (if available)
• Medical records (if you have a medical condition that could affect your BAC)
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Henry County can be invaluable. They understand the ALR hearing process, can gather and present evidence effectively, and can argue on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the arrest and testing process, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the field sobriety tests.
• Whether the breathalyzer machine was properly calibrated.
• Whether you were properly informed of your rights regarding chemical testing.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the suspension is warranted, your license will be suspended for the applicable period.
• Suspension Overturned: If the hearing officer finds that the suspension is not warranted, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted or hardship license, even if the suspension is upheld. This allows you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Ohio

Even with a suspended license, you might be able to obtain a hardship or restricted license in Ohio, allowing you to drive for essential activities.

• Eligibility Requirements: Eligibility requirements vary depending on the length of your suspension and your prior driving record. Generally, you must demonstrate a need to drive for work, school, or medical purposes.
• What You Can Drive For: A hardship license typically restricts you to driving to and from work, school, medical appointments, and other essential activities.
• Costs and Application Process: The application process involves filing paperwork with the court and paying a fee. Contact the Henry County court clerk for specific details.
• IID Requirement: In some cases, 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

Reinstating your license after a DUI suspension requires fulfilling several requirements.

After Criminal Case Concludes

• Reinstatement Requirements: Once your suspension period is over and your criminal case has concluded, you will need to meet specific requirements to reinstate your license. These typically include:
• Fees: Paying a reinstatement fee to the BMV.
• SR-22 Insurance Requirement: Obtaining SR-22 insurance (proof of financial responsibility). This is a high-risk insurance policy that you will likely need to maintain for several years.
• Classes/Programs That Must Be Completed: Completing any required DUI classes or treatment programs.

Henry DMV Offices

Unfortunately, Henry County does not have a full-service BMV office. Residents will need to travel to neighboring counties for full services. Here are a few options:

• Defiance BMV Deputy Registrar: 1933 N Clinton St, Defiance, OH 43512 (Check hours online or by phone)
• Napoleon BMV Deputy Registrar: 1825 N Scott St, Napoleon, OH 43545 (Check hours online or by phone)

Always confirm hours of operation before visiting.

Special Programs

• Ignition Interlock Device (IID) Program: Ohio has an IID program that allows individuals to regain driving privileges sooner by installing a device in their vehicle that prevents it from starting if alcohol is detected.
• Occupational License: An occupational license is a type of restricted license that allows you to drive for work-related purposes only.

A DUI arrest in Henry County can have serious consequences for your driving privileges. Acting quickly, understanding the ALR hearing process, and seeking legal advice are crucial steps in protecting your license. Don't delay!