Montgomery County ALS Hearing Guide

Montgomery DUI License Suspension & ALR Hearing

After a DUI arrest in Montgomery, Ohio, you're likely facing two separate legal battles: a criminal case in court and an administrative process concerning your driver's license. This guide focuses specifically on the administrative side, particularly the potential suspension of your license and the process to challenge it through an Administrative License Revocation (ALR) hearing. Time is of the essence, so understanding your rights and options immediately is crucial.

The administrative process is completely separate from the criminal case. Even if you are eventually found not guilty in criminal court, your license can still be suspended through the ALR process. Similarly, a conviction in criminal court doesn't automatically mean your license is suspended through the ALR process (although it can trigger a separate suspension).

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing. This is a hard deadline. Miss it, and your license will automatically be suspended.

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

How to Request: You can typically request the hearing online, by phone, or by mail. Check the back of your temporary permit (the paper you were likely given after your arrest) for specific instructions. You can also find information on the Ohio BMV website.

• Online: Check the Ohio BMV website for online hearing request options.
• Phone: Call the Ohio BMV ALR hearing request line (check the BMV website for the current number). Be prepared to provide your driver's license number, date of birth, and other identifying information.
• Mail: Send a written request to the address specified on your temporary permit or the Ohio BMV website. Your request should include your name, address, driver's license number, date of birth, the date of your arrest, and a clear statement that you are requesting an ALR hearing. Send it via certified mail with return receipt requested to ensure proof of delivery.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule. Don't risk it; act now!

Automatic License Suspension

Even before your ALR hearing, your license is subject to an automatic suspension based on the circumstances of your arrest.

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 depend on factors like prior offenses and BAC level. Expect a suspension of at least 90 days for a first offense with a BAC over 0.08.

• Temporary Permit Valid Until Hearing or Suspension Begins: The temporary permit you received at the time of your arrest allows you to drive until your ALR hearing or until the administrative suspension begins, whichever comes first. Once the suspension goes into effect, you cannot legally drive.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a much stiffer penalty than failing the test in Ohio. Expect a suspension of at least one year for a first-time refusal.

• Implied Consent Law in Ohio: Ohio, like all 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 requested by a police officer. Refusal to submit to testing can result in severe penalties, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, separate from your criminal case, held to determine whether the state has sufficient evidence to suspend your driver's license. It is conducted by the Ohio BMV.

• Separate from Criminal Court: Remember, the outcome of your ALR hearing does not dictate the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will review evidence to determine if you were lawfully arrested for DUI and if your BAC was above the legal limit or if you refused testing.
• Lower Burden of Proof than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The state only needs to prove its case by a preponderance of the evidence (more likely than not), rather than beyond a reasonable doubt.

How to Prepare

Preparing for your ALR hearing is critical to maximizing your chances of retaining your driving privileges.

• Gather Evidence (Witness Statements, Video, etc.): Collect any evidence that supports your case, such as witness statements, video footage from the arrest scene (if available), or any documentation that challenges the accuracy of the BAC test.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Montgomery County ALR hearings can provide invaluable assistance. They understand the specific procedures and legal arguments that can be used to challenge the suspension. An attorney can also represent you at the hearing, cross-examine witnesses, and present evidence on your behalf.

• Understand What You Can Challenge: You can challenge various aspects of the state's case, including:

• Whether the police 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 Miranda rights.

• Whether the BAC test was administered correctly.

• Whether the testing equipment was properly calibrated.

• Whether you actually refused the test.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds sufficient evidence to support the suspension, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the state did not meet its burden of proof, your license suspension will be overturned, and you will be able to continue driving.
• 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 specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Ohio

Even with a suspended license, you may be eligible for a hardship or restricted license in Ohio.

• Eligibility Requirements: Generally, you must demonstrate a genuine need to drive for work, school, medical appointments, or other essential purposes. You may also need to show that you have no other means of transportation.
• What You Can Drive For (Work, School, Medical): A hardship license typically restricts your driving to specific locations and times related to your approved needs.
• Costs and Application Process: The application process involves submitting a petition to the court and providing documentation to support your need for a restricted license. There are also associated fees. Consult with a DUI attorney for specific details on the application process in Montgomery County.
• IID Requirement: Depending on the circumstances of your case and the terms of your hardship license, you may be required to install an ignition interlock device (IID) in your vehicle.

Getting Your License Back

After your criminal case concludes (regardless of the outcome) and after the ALR suspension period ends, you'll need to take specific steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include paying reinstatement fees, completing any court-ordered programs (e.g., alcohol education classes), and providing proof of financial responsibility (SR-22 insurance).
• Fees: Reinstatement fees vary and can be significant. Contact the Ohio BMV for the current fee schedule.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the state, verifying that you have the minimum required liability coverage. You will likely need to maintain SR-22 insurance for a period of several years.
• Classes/Programs That Must Be Completed: The court may order you to complete alcohol education classes, substance abuse treatment, or other programs as part of your sentence. Completing these programs is often a requirement for license reinstatement.

Montgomery DMV Offices

[This section should be populated with local DMV/DPS office information for Montgomery County, OH. Example Below, but needs accurate information. Check the Ohio BMV website for the most up-to-date addresses and hours.]

• Montgomery County BMV - Dayton: 123 Main Street, Dayton, OH 45402. Hours: Monday-Friday, 8:00 AM - 5:00 PM.
• Montgomery County BMV - Kettering: 456 Oak Avenue, Kettering, OH 45419. Hours: Monday-Friday, 9:00 AM - 6:00 PM.

Important: Verify these addresses and hours on the official Ohio BMV website as they can change.

Special Programs

• Ignition Interlock Device Program: Ohio has an ignition interlock device (IID) program that allows individuals with suspended licenses to drive with an IID installed in their vehicle. An IID requires the driver to blow into a breathalyzer before starting the car and periodically while driving.
• Occupational License: As discussed above, an occupational license (also called a hardship license) allows you to drive for work, school, or medical purposes during a license suspension.
• Ohio BMV Website: Always consult the official Ohio BMV website for the most current information and regulations regarding DUI license suspensions and reinstatement.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Montgomery, Ohio. It is not intended as legal advice. It is essential to consult with a qualified DUI attorney to discuss your specific situation and legal options. Remember, the 15-day deadline to request an ALR hearing is critical. Don't delay; seek legal advice immediately.