Montgomery County ALS Hearing Guide

Montgomery County DUI License Suspension & ALR Hearing

After a DUI (Driving Under the Influence) arrest in Montgomery County, Ohio, you face two separate but related legal processes: a criminal case in court and an administrative action against your driver's license by the Ohio Bureau of Motor Vehicles (BMV). This guide focuses on the administrative process, specifically the Administrative License Suspension (ALS) and your right to request a hearing to challenge it. Understanding these procedures and deadlines is crucial to protecting your driving privileges.

CRITICAL DEADLINE: Request a Hearing Within 30 Days

Following an OVI arrest, the arresting officer will seize your driver's license if you either failed a chemical test (breath, blood, or urine) with a Blood Alcohol Concentration (BAC) over the legal limit or refused to submit to testing. You will be served with a BMV Form 2255, which acts as an immediate, on-the-spot suspension of your driving privileges.

You have a strict deadline of 30 calendar days from the date of the suspension notice to request an administrative hearing in writing. This hearing is your opportunity to contest the ALS.

To request a hearing, you must submit a written request to the Ohio BMV. Contact information for the BMV can be found on their Contact the Ohio Bureau of Motor Vehicles page.

What happens if you miss the deadline? Failure to request a hearing within 30 days results in an automatic suspension of your license for the statutory period. There are very limited exceptions to this deadline, so acting quickly is essential.

Automatic License Suspension

The Ohio BMV imposes an automatic license suspension based on the circumstances of your DUI arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a chemical test and your BAC was over 0.08, your license will be suspended. The length of the suspension varies according to Ohio law. The BMV Form 2255 will detail the exact suspension period.

The officer may have issued a temporary permit, which is valid until the ALS goes into effect or until after the ALR hearing.

If You Refused Testing

Refusing to submit to a chemical test carries a longer suspension than failing the test under Ohio's implied consent law. The suspension period for a refusal is detailed on the BMV Form 2255 served at the time of arrest.

Ohio's implied consent law means that by driving on Ohio roads, you have implicitly consented to submit to chemical testing if arrested for DUI. Refusal to submit to testing carries significant penalties, including a longer license suspension.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing is a civil proceeding separate from your criminal DUI case. It is conducted by the Ohio BMV, not a court. The sole purpose of the ALR hearing is to determine whether the administrative suspension of your driver's license is warranted.

The burden of proof in 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 justified.

How to Prepare

Preparing for an ALR hearing is crucial to maximizing your chances of getting your license back or obtaining driving privileges.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or medical records.
• Understand What You Can Challenge: You can challenge the following at the ALR hearing:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly advised of your rights regarding chemical testing.
• Whether the chemical test results were accurate and reliable.
• Whether you actually refused to submit to chemical testing.

Possible Outcomes

• Suspension Upheld: If the BMV proves that the suspension is warranted, your license will remain suspended for the statutory period.
• Suspension Overturned: If the BMV fails to meet its burden of proof, the suspension will be overturned, and your driving privileges will be reinstated.
• Restricted/Hardship License Granted: The BMV hearing examiner does not have the authority to grant limited driving privileges. Only the presiding municipal court judge can grant occupational, educational, or medical driving privileges during the term of the suspension.

Hardship/Restricted License in Ohio

Even if your license is suspended, you may be eligible for limited driving privileges in Ohio. You must petition the court for these privileges.

• Eligibility Requirements: You may be eligible for limited driving privileges if you meet certain requirements, such as having no prior DUI convictions within a specified period and enrolling in a certified alcohol treatment program (if required by the court).
• What You Can Drive For: Limited driving privileges typically allow you to drive for work, school, medical appointments, and other essential purposes.
• Costs and Application Process: The application process for limited driving privileges involves filing a petition with the court and paying a filing fee. Contact the Montgomery County Clerk of Courts for specific fee information.
• IID Requirement: The court may require you to install an ignition interlock device (IID) in your vehicle as a condition of granting limited driving privileges.

Getting Your License Back

After Criminal Case Concludes

Even if you are granted limited driving privileges during your suspension, you will need to take steps to fully reinstate your license after the criminal case concludes and the suspension period ends.

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee to the BMV, providing proof of insurance (SR-22), and completing any required alcohol/drug treatment programs.
• Fees: Reinstatement fees vary. Check the Reinstatement Fees & Amnesty page on the Ohio BMV website.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the BMV for high-risk drivers, including those convicted of DUI.
• Classes/Programs That Must Be Completed: The court may order you to complete a Driver Intervention Program (DIP) or other alcohol/drug treatment programs as part of your sentence.

Montgomery County BMV Offices

• Dayton BMV Deputy Registrar
• Address: 6175 Siebenthaler Ave, Dayton, OH 45424
• Phone: (937) 236-0021
• Hours: Check with the location directly for hours of operation.
• Vandalia BMV Deputy Registrar
• Address: 700 E. Stonequarry Rd, Vandalia, OH 45377
• Phone: (937) 898-5841
• Hours: Check with the location directly for hours of operation.

Note: Contact the specific BMV office to confirm hours and services.

Special Programs

• Ignition Interlock Device (IID) Program: If required by the court or BMV, you must install an IID in your vehicle. The IID requires you to blow into a breathalyzer before starting the car, preventing you from driving under the influence. Ohio Alcohol Monitoring Systems (Ohio AMS) is a primary regional provider. Their local office is located at 2325 Wilmington Pike, Kettering, Ohio 45420. They can be reached at 216-525-3112. A major logistical advantage in Montgomery County is that Ohio AMS offers direct mobile installation services.
• Occupational License: As discussed above, you may be able to obtain limited driving privileges for work, school, or medical purposes.
• Driver Intervention Program (DIP): The court may order you to complete a DIP, a 72-hour program designed to educate offenders about the dangers of impaired driving.

Frequently Asked Questions

1. How long do I have to contest my DUI license suspension in Montgomery County? You have 30 calendar days from the date you were served with the BMV Form 2255 to request an Administrative License Suspension (ALS) hearing.
2. Where do I post bail after a DUI arrest in Montgomery County? Bail can be posted at the Inmate's Property Room Window located in the Montgomery County Jail Lobby at 345 W. Second Street, Dayton, OH 45422. Bail is accepted 24 hours a day, 7 days a week. Cash, certified cashier's checks, or major credit cards are accepted.
3. What happens to my vehicle after a DUI arrest in Dayton? Your vehicle will likely be impounded. To contest the tow, you must file a written request for a hearing with the Dayton Police Department within 25 calendar days of the tow and post a $50 bond.

Sources

• Contact the Ohio Bureau of Motor Vehicles
• Montgomery County Jail
• Inmate Information - Montgomery County Sheriff's Office
• Jail Roster - Montgomery County
• Criminal Bond Schedule - The Municipal Courts of Montgomery County, Ohio
• § 76.12. Options for release of towed, impounded, or immobilized vehicles., Chapter 76 ... - Dayton
• Ohio's Administrative License Suspension (ALS) - Joslyn Law Firm
• Reinstatement Fees & Amnesty - Ohio BMV
• Ohio Alcohol Monitoring Systems