Lorain County BMV ALS Hearing Guide

Your License After a DUI Arrest in Lorain County

An Operating a Vehicle Impaired (OVI) arrest in Ohio triggers two separate legal processes. First, there's the criminal case in a municipal or common pleas court, where you face potential fines, jail time, and a criminal record. Separately, the Ohio Bureau of Motor Vehicles (BMV) handles an administrative license suspension (ALS), a civil action that can suspend your driving privileges regardless of the outcome of your criminal case. It’s possible to win your criminal case but still face a license suspension imposed by the BMV.

CRITICAL DEADLINE: Request a Hearing Within 30 Days

You have a limited time to challenge the administrative license suspension. To do so, you must request an Administrative License Suspension (ALS) hearing within 30 days of your initial court appearance. This hearing allows you to contest the suspension before it takes effect.

ALS appeals for OVI are not filed with the local BMV branch. They must be filed with the specific municipal or county court handling the concurrent criminal case. There is no fee to request an ALS hearing for an OVI offense.

Failing to request a hearing within the 30-day deadline results in an automatic license suspension.

Automatic License Suspension

Upon arrest for OVI, your driver's license may be subject to an immediate administrative suspension. The length of this suspension depends on whether you submitted to chemical testing and the results.

If You Took the Breath/Blood Test and Failed

If you took a breath, blood, or urine test and the result was over the legal limit of 0.08% Blood Alcohol Content (BAC), your license will be suspended per Ohio law. The suspension begins immediately.

If You Refused Testing

Under Ohio's implied consent law, driving on Ohio roads means you've implicitly agreed to submit to chemical testing if a law enforcement officer has probable cause to believe you are driving under the influence. Refusing to submit to a chemical test carries a longer suspension than failing the test. Refusing to submit to the test entirely results in an immediate one-year suspension.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing is a civil proceeding, separate from your criminal case. It determines whether the Ohio BMV had sufficient cause to suspend your license. The burden of proof in an ALR hearing is lower than in a criminal trial. This means it's easier for the BMV to suspend your license administratively than it is for the prosecution to convict you of OVI in criminal court.

How to Prepare

Preparation is key to a successful ALR hearing.

• Gather evidence: Collect any evidence that supports your case, such as witness statements or video footage.
• Understand what you can challenge: You can challenge the basis for the stop, the administration of the field sobriety tests, and the accuracy of the chemical testing.

Possible Outcomes

• Suspension upheld: If the hearing officer finds sufficient evidence to support the suspension, your license will remain suspended for the statutory period.
• Suspension overturned: If the hearing officer finds that the BMV did not have sufficient cause to suspend your license, the suspension will be overturned, and your driving privileges will be reinstated.
• Restricted/hardship license granted: Even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Ohio statutes impose a mandatory waiting period before a judge can grant occupational driving privileges. For a failed chemical test (first offense), no limited privileges can be granted for the first 15 days. For a refusal, absolutely no privileges can be granted for the first 30 days.

Getting Your License Back

After Criminal Case Concludes

Even after your criminal case concludes, you'll need to take specific steps to reinstate your driving privileges. Reinstatement requirements typically include:

• Payment of reinstatement fees to the BMV.
• Filing proof of financial responsibility (SR-22 insurance) with the BMV.
• Completion of any court-ordered classes or programs, such as a Driver Intervention Program (DIP). Safety Through Education, directed by Fred Stevens, offers a Driver Intervention Program. They can be reached at (440) 590-3404. The program fee is approximately $335.

Lorain County DMV Offices

The Elyria DX Station is located in Lorain County.

• Elyria DX Station
• Address: CONFIRMED UNAVAILABLE
• Phone: (440) 322-0723
• Hours: Tues-Fri 8:00 AM - 4:30 PM, Sat 8:00 AM - 2:00 PM

There is also a BMV Express location in Lorain:

• BMV Express Location: 5350 Leavitt Rd, Lorain OH 44053 (Open 6:00 AM - Midnight)

The BMV mailing address is: PO Box 16784, Columbus, OH 43216-6784.

Special Programs

• Driver Intervention Program (DIP): A 72-hour intervention program is often required for OVI offenders.
• Ignition Interlock Device (IID): Depending on the circumstances of your case and Ohio law, you may be required to install an ignition interlock device in your vehicle as a condition of license reinstatement or limited driving privileges.

Frequently Asked Questions

Q: Where do I file my ALS appeal in Lorain County? A: ALS appeals are not filed with the BMV. They must be filed with the specific municipal or county court handling your OVI criminal case.

Q: Is there a fee to file an ALS appeal? A: No, there is no fee to request an ALS hearing for an OVI offense.

Q: How long after my OVI arrest in Lorain County can I get my license back? A: The length of your license suspension depends on several factors, including whether you refused or failed a chemical test and whether you have prior OVI convictions. You may be eligible for limited driving privileges during the suspension period, but there is a mandatory waiting period of 15-30 days depending on the circumstances.

Sources

• Administration Building - Facilities - Lorain County
• Section 2935.36 | Pre-trial diversion programs. - Ohio Laws
• Suspensions & Reinstatements - Ohio BMV
• Section 4513.69 | Storage facilities; business hours; notice. - Ohio Laws
• Impounded Vehicle Release Procedures - Cleveland Heights
• Lorain County DR #4714 - Ohio Department of Public Safety - Ohio.gov
• Lorain County DX - Ohio Department of Public Safety
• BMV Express - Lorain - 4740 - Ohio Department of Public Safety
• Driver Intervention Program Site
• Lorain County - Ohio Task Force Commanders Association