Morrow County License Hearing Guide

Morrow DUI License Suspension & ALR Hearing

Being arrested for DUI in Morrow, Ohio, can be a frightening and confusing experience. Besides the criminal charges you're facing, your driving privileges are immediately at risk. It's crucial to understand that there are two separate processes at play: the criminal court case and the administrative license suspension process. This guide focuses on the latter, specifically the Administrative License Revocation (ALR) hearing, and provides the information you need to navigate this critical time. Your ability to drive could depend on understanding and acting quickly on the information provided here.

Your License After a DUI Arrest in Morrow

The Ohio Bureau of Motor Vehicles (BMV) can suspend your driver's license independently of the criminal court proceedings. This is an administrative action, meaning it's based on your arrest and the circumstances surrounding it, regardless of whether you are ultimately convicted of DUI. The ALR hearing is your opportunity to challenge this suspension.

This is a separate process from your criminal case. Even if the criminal charges are dropped, the administrative suspension can remain in effect. That's why it's vital to understand your rights and options in this administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This deadline is strict, and missing it will result in an automatic suspension of your driver's license. Don't delay!

• Where to Request: You must request the hearing through the Ohio Bureau of Motor Vehicles (BMV).

• How to Request: The specific method for requesting the hearing should be outlined on the paperwork you received during your arrest. Generally, you can request the hearing by:

• Online: Check the Ohio BMV website (bmv.ohio.gov) for an online portal to request an ALR hearing. Look for sections related to DUI or administrative license suspension.

• Mail: Send a written request to the address specified on the paperwork you received at the time of your arrest. This request should include your full name, driver's license number, date of birth, date of arrest, the arresting agency, and a clear statement that you are requesting an ALR hearing. Certified mail with return receipt is highly recommended to prove you sent the request on time.

• Phone: Some BMV offices may allow you to initiate the hearing request by phone. Call the Ohio BMV to inquire about this option.

• What Happens if You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your license will be automatically suspended. This suspension will take effect on the date specified on your paperwork, and you will lose your driving privileges until the suspension period ends and you meet all reinstatement requirements.

Automatic License Suspension

Depending on whether you took a breath or blood test and the results (or if you refused testing altogether), your license will be automatically suspended.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08% or higher, your license will be suspended. The length of the suspension depends on prior offenses and the specific BAC level. Because Ohio DUI laws vary, the suspension period will be outlined in the paperwork you received at the time of your arrest.
• Temporary Permit Valid Until Hearing or Suspension Begins: You should have received a temporary driving permit at the time of your arrest. This permit allows you to drive until your ALR hearing or until the automatic suspension begins. Pay close attention to the expiration date of this permit.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a stiffer penalty than failing a test. In Ohio, refusal to submit to testing results in a longer license suspension than failing a test. This is because of Ohio's Implied Consent Law.
• Implied Consent Law in Ohio: By driving on Ohio roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law carries significant consequences, including a mandatory license suspension.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a crucial opportunity to challenge the administrative suspension of your driver's license. It's important to remember:

• Separate from Criminal Court: This hearing is completely separate from your criminal DUI case. The outcome of your criminal case will not automatically affect the ALR hearing and vice versa.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the BMV had sufficient cause to suspend your license.
• 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 by a preponderance of the evidence (more likely than not) that the suspension is justified.

How to Prepare

Proper preparation is key to a successful ALR hearing. Consider the following steps:

• Gather Evidence: Collect any evidence that supports your case, such as:
• Witness statements regarding your sobriety.
• Video footage from the arrest (if available).
• Medical records that might explain a high BAC reading.
• Information about the accuracy of the breathalyzer machine used.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Ohio ALR hearings can be invaluable. They understand the law, the procedures, and the best strategies for challenging a license suspension.
• Understand What You Can Challenge: The scope of the ALR hearing is limited. You can generally challenge the following:
• Whether the officer had reasonable suspicion to stop you.
• Whether you were lawfully arrested.
• Whether you were properly advised of your rights.
• Whether you refused testing.
• Whether your BAC was over the legal limit.

Possible Outcomes

The ALR hearing can result in one of the following outcomes:

• Suspension Upheld: If the hearing officer finds that the BMV had sufficient cause to suspend your license, the suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the BMV did not have sufficient cause, the suspension will be overturned, and 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 that allows you to drive for essential purposes. (See section below).

Hardship/Restricted License in Ohio

Ohio allows for limited driving privileges under certain circumstances. A hardship or restricted license allows you to drive for essential purposes even while your license is suspended.

• Eligibility Requirements: You must meet specific eligibility requirements, including:
• Having no prior DUI convictions within a certain timeframe.
• Demonstrating a legitimate need to drive (e.g., for work, school, medical appointments).
• Enrolling in or completing a substance abuse treatment program (in some cases).
• What You Can Drive For: A hardship license typically restricts driving to specific purposes, such as:
• Driving to and from work.
• Driving to and from school.
• Driving to medical appointments.
• Costs and Application Process: The application process for a hardship license involves filing a petition with the court. There are associated court costs and fees. Consult with a DUI attorney for guidance on the application process.
• 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

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You must meet all reinstatement requirements set by the Ohio BMV, including:
• Serving the full suspension period.
• Paying reinstatement fees.
• Passing any required driving tests.
• Providing proof of financial responsibility (SR-22 insurance).
• Fees: Reinstatement fees vary depending on the length of the suspension and the nature of the offense.
• SR-22 Insurance Requirement: You will likely be required to obtain SR-22 insurance, which is a certificate of financial responsibility that demonstrates you have liability insurance coverage.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or substance abuse treatment program as a condition of reinstatement.

Morrow DMV Offices

Unfortunately, Morrow is not a populous area and does not have its own BMV office. You will likely need to visit a BMV in a neighboring town or county. Use the Ohio BMV website (bmv.ohio.gov) to find the nearest BMV location and its hours of operation. Always call ahead to confirm hours and services offered.

Special Programs

• Ignition Interlock Device Program: Ohio has an ignition interlock device (IID) program that requires offenders to install an IID in their vehicles.
• Occupational License: An occupational license is a type of restricted license that allows you to drive for work-related purposes.
• Any State-Specific Programs: Check with the Ohio BMV or a DUI attorney for information on any other state-specific programs that may be available to you.

This information is for guidance only and does not constitute legal advice. It is essential to consult with a qualified Ohio DUI attorney to discuss your specific situation and protect your rights. The 15-day deadline to request an ALR hearing is critical. Act now to preserve your driving privileges.