Licking County License Hearing Guide

Your License After a DUI Arrest in Licking County

Being arrested for DUI (also called OVI in Ohio, for Operating a Vehicle Impaired) in Licking County can trigger two separate legal processes: a criminal case in court, and an administrative action against your driver's license. This guide focuses on the administrative side, specifically the Administrative License Suspension (ALS) and the hearing you can request to challenge it. It's crucial to understand these procedures and deadlines to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Licking County, you have a limited time to request an Administrative License Suspension (ALS) hearing. You must request this hearing within 15 days of your arrest.

To request a hearing, contact the Ohio Bureau of Motor Vehicles (BMV).

Missing this deadline results in an automatic suspension of your driver's license.

Automatic License Suspension

An immediate license suspension goes into effect if you either fail or refuse a chemical test (breath, blood, or urine) after being arrested for OVI.

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 suspended.

You may have been issued a temporary permit at the time of your arrest. This temporary permit is valid until your ALS hearing or until the suspension officially begins.

If You Refused Testing

Under Ohio's implied consent law, by driving on Ohio roads, you have implicitly consented to submit to chemical testing if lawfully arrested for OVI. Refusal to submit to testing carries a longer suspension period than failing a test.

The ALR/Administrative Hearing

What It Is

The Administrative License Suspension (ALS) hearing is separate from your criminal case. It is an administrative proceeding conducted by the Ohio BMV to determine whether the license suspension is warranted. The burden of proof in an ALS hearing is lower than in a criminal trial.

How to Prepare

Preparing for your ALS hearing is critical. Here's what you should do:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or any other documentation relevant to your arrest.
• Understand What You Can Challenge: You can challenge the basis for the stop, whether you were properly informed of your rights, and the accuracy of the chemical test (if applicable).

Possible Outcomes

The ALS hearing can have several outcomes:

• Suspension Upheld: The BMV upholds the suspension, and your license remains suspended for the statutory period.
• Suspension Overturned: The BMV overturns the suspension, and your driving privileges are reinstated.
• Restricted/Hardship License Granted: The BMV may grant a restricted or hardship license, allowing you to drive under specific conditions.

Hardship/Restricted License in Ohio law allows for the possibility of obtaining limited driving privileges during a license suspension.

Eligibility for limited driving privileges depends on the specific circumstances of your case, including your prior driving record and the reason for the suspension. Generally, you may be able to drive for:

• Work
• School
• Medical appointments

The Ohio BMV handles the application process for limited driving privileges. An Ignition Interlock Device (IID) might be required as a condition of receiving limited driving privileges.

Getting Your License Back

After Criminal Case Concludes

Even if your ALS is overturned, your license may still be suspended as part of the criminal case if you are convicted of OVI. Reinstatement requirements vary depending on the specifics of your conviction and Ohio law.

Generally, reinstatement may require:

• Paying reinstatement fees to the BMV.
• Filing an SR-22 certificate of insurance, demonstrating proof of financial responsibility. The restoration of driving privileges in Ohio demands the submission of an SR-22 certificate—a financial responsibility bond proving that the driver maintains the state's minimum liability coverage. Because the SR-22 is electronically filed directly by the insurance underwriter to the BMV headquarters in Columbus, localized physical offices are unnecessary for compliance. However, defendants must actively seek out high-risk policy underwriters, as standard insurance carriers routinely drop coverage entirely upon the notification of an OVI conviction or an active Administrative License Suspension.
• Completing any court-ordered classes or programs, such as a Driver Intervention Program (DIP).

Licking County DMV Offices

The Ohio BMV handles driver's license reinstatement. Here is the local office:

• Licking County BMV Deputy Registrar: 873 East Main Street, Newark, OH 43055. Phone: (740) 345-0066.

Special Programs

• Driver Intervention Program (DIP): Under Ohio Revised Code, a judge possesses the discretionary authority to suspend the mandatory 3-day minimum jail sentence if the defendant successfully completes a 72-hour residential DIP.
• OVI Court (Local Rule 28): The Licking County Municipal Court operates a specialized, certified OVI docket designed specifically for repeat offenders or those exhibiting severe chemical dependencies. This intensive program bypasses traditional punitive sentencing in favor of rigorous judicial supervision, mandatory continuous alcohol monitoring, and structured therapeutic interventions.
• LIFT Court (Local Rule 28.1): Presided over by Judge David N. Stansbury, the Licking County Intervention For Treatment (LIFT) program functions as the jurisdiction's primary drug court. This docket requires participants to undergo comprehensive substance abuse evaluations, participate in Moral Reconation Therapy (MRT), and maintain absolute sobriety as monitored through frequent, randomized urinalysis. Graduation from the LIFT court can result in the mitigation or dismissal of underlying charges, focusing on long-term behavioral realignment.

Frequently Asked Questions

1. Where is the Licking County Municipal Court located? The Licking County Municipal Court is located at 40 West Main Street, 3rd Floor, Newark, Ohio 43055.
2. Does Licking County have a Driver Intervention Program (DIP)? Yes, the Licking County Alcoholism Prevention Program (LAPP) operates a 72-hour DIP at Keller Elementary School in Newark. The program costs $500, payable by cash, debit, or credit.
3. What happens if I bring my cell phone to the Licking County Municipal Court? The court enforces an absolute prohibition against cellular phones, smartwatches, pagers, and portable electronics within the building. You must surrender your devices to the lockboxes at the security checkpoint.