Lucas County BMV ALS Hearing Guide

Lucas DUI License Suspension & ALR Hearing: A Critical Guide

A DUI arrest in Lucas, Ohio, can be a frightening and confusing experience. Beyond the criminal charges, there's a separate administrative process that can impact your driving privileges. This guide is designed to help you understand the critical steps you need to take immediately to protect your license. It's important to understand that the administrative suspension and the criminal case are two distinct legal battles. You can lose your license administratively even if the criminal charges are ultimately dismissed or reduced. This guide focuses specifically on the administrative side and your license suspension.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

After a DUI arrest in Lucas County, you face an automatic license suspension that begins 30 days after your arrest. However, you have a chance to challenge this suspension at an Administrative License Revocation (ALR) hearing. To request this hearing, you must act within 15 days of your arrest. Missing this deadline means your license will automatically be suspended.

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

How to Request the Hearing:

While the exact procedure can vary slightly, you typically request the hearing through the Ohio BMV website or by contacting them directly. It's crucial to confirm the exact procedure for Lucas County specifically, as instructions may be included on the paperwork you received at the time of your arrest. Look for instructions on your temporary driving permit or the paperwork provided by the arresting officer.

• Online: Check the Ohio BMV website (bmv.ohio.gov) for online ALR hearing request options. Look for a section related to DUI or Administrative License Suspensions.
• Phone: Contact the Ohio BMV by phone to inquire about the procedure. Be prepared to provide your driver's license information and details about your arrest.
• Mail: While less common, some jurisdictions might allow you to request the hearing by mail. If this is an option, send your request via certified mail with return receipt requested to ensure proof of delivery.

Important: Keep a copy of your request and any confirmation you receive as proof that you met the 15-day deadline.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your DUI arrest in Lucas County, your driving privileges will be automatically suspended. There are very few exceptions to this rule, so it's vital to act quickly.

Automatic License Suspension

The Ohio BMV will automatically suspend your license under certain circumstances following a DUI arrest. The length of the suspension depends on whether you took a breath/blood test and the results, or if you refused to take the 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 administrative license suspension. The exact suspension period for a first offense in Ohio will be detailed in your paperwork, but generally ranges from 90 days to one year.
• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you likely received a temporary driving permit. This permit allows you to drive for a limited time, usually until your ALR hearing or until the automatic suspension officially begins (typically 30 days after the arrest).

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries significantly harsher penalties than failing a test. In Ohio, refusing testing typically results in a longer license suspension than failing. The suspension period for a first-time refusal can be one year or more.
• 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 submit to testing can result in severe penalties, including a longer license suspension.

The ALR/Administrative Hearing

Understanding the ALR hearing is crucial to potentially saving your driving privileges.

What It Is

• Separate from Criminal Court: The ALR hearing is a completely separate process from your criminal DUI case. It's an administrative hearing conducted by the Ohio BMV, not a court.
• Decides If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the Ohio BMV had sufficient legal grounds to suspend your license administratively.
• 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 that it's more likely than not (preponderance of the evidence) that you were driving under the influence.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that could support your case. This might include witness statements, video footage (if available), or documentation related to your medical condition that could have affected the test results.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Lucas County can be invaluable. They understand the local procedures, can represent you at the hearing, and can present the best possible defense on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the arrest and testing process at the ALR hearing. This includes:
• Whether the officer had probable cause to stop you.
• Whether you were lawfully arrested.
• Whether you were properly advised of your rights regarding chemical testing.
• Whether the breath, blood, or urine test was administered correctly.
• The accuracy and reliability of the testing equipment.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the BMV proves its case, your license suspension will be upheld.
• Suspension Overturned: If you successfully challenge the suspension, your license will be reinstated.
• 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 limited purposes (see below).

Hardship/Restricted License in Ohio

Even if your license is suspended, you may be able to obtain a hardship or restricted license in Ohio. This allows you to drive for essential purposes like work, school, or medical appointments.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your case and the length of your suspension. Generally, you must demonstrate a genuine need to drive and that no other transportation options are available.
• What You Can Drive For: A hardship license typically restricts you to driving for specific purposes, such as:
• Driving to and from work.
• Driving to and from school or educational programs.
• Driving to medical appointments.
• Driving to court-ordered treatment programs.
• Costs and Application Process: The application process for a hardship license involves filing a petition with the court and providing supporting documentation. There are also associated fees. Consult with a DUI attorney to navigate this process effectively.
• IID Requirement: Ohio law may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a hardship license, especially for repeat offenders or those with high BAC levels.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

The requirements for reinstating your license after a DUI suspension in Ohio typically include:

• Reinstatement Fees: Paying all required reinstatement fees to the Ohio BMV.
• SR-22 Insurance Requirement: Obtaining SR-22 insurance, which is a certificate of financial responsibility. This demonstrates to the state that you have adequate insurance coverage. You will likely need to maintain SR-22 insurance for a period of three years.
• Classes/Programs that Must Be Completed: Completing any court-ordered DUI classes or treatment programs.

Lucas County DMV Offices

To reinstate your license, you will likely need to visit a local BMV office. Here are a few locations in and around Lucas County. Always verify hours and services before visiting, as they are subject to change.

• Ohio BMV - Maumee: 1350 Conant St, Maumee, OH 43537
• Ohio BMV - Toledo: 534 S Erie St, Toledo, OH 43604
• Ohio BMV - Oregon: 3060 Navarre Ave, Oregon, OH 43616

Special Programs

• Ignition Interlock Device Program: Ohio has an IID program that allows individuals to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath. This may be required for a hardship license or for license reinstatement after a DUI conviction.
• Occupational License: This is essentially the same as a hardship license, allowing you to drive for work-related purposes. The specific requirements and availability may depend on the details of your case.

A DUI arrest in Lucas County, Ohio is a serious matter. Understanding the administrative license suspension process and acting quickly is crucial to protecting your driving privileges. Remember to request your ALR hearing within 15 days of your arrest. Consult with a qualified DUI attorney to discuss your options and ensure the best possible outcome for your case.