Pickaway County License Hearing Guide

Pickaway DUI License Suspension & ALR Hearing: Don't Lose Your Driving Privileges!

A DUI arrest in Pickaway, Ohio, can be a frightening and confusing experience. Besides the criminal charges you face, you're also dealing with a separate administrative process that could lead to the suspension of your driver's license. It's crucial to understand your rights and act quickly to protect your ability to drive. This guide will walk you through the process of license suspension and the Administrative License Revocation (ALR) hearing in Pickaway County, Ohio, providing you with the information you need to navigate this challenging situation.

It's important to understand that there are two separate cases you will be dealing with. The first is the criminal case in the Pickaway County Court where you will face charges for Operating a Vehicle under the Influence (OVI). The second is an administrative case with the Ohio Bureau of Motor Vehicles (BMV), which handles your driving privileges. Even if you are found not guilty in criminal court, your license can still be suspended through the administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Pickaway County, you have a very limited time to act to protect your driver's license. You MUST request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This is a hard deadline, and missing it will result in an automatic suspension of your license.

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

• How to Request: You can typically request the hearing online, by phone, or by mail. It is best to request the hearing online or by certified mail, return receipt requested, so you have proof that you made the request on time.

• Online: Check the Ohio BMV website for the online hearing request portal. Look for information related to "Administrative License Suspension" or "ALR Hearing Request."

• Phone: Contact the Ohio BMV customer service line. They can provide information on how to request a hearing. Be sure to document the date and time of your call, as well as the name of the representative you spoke with.

• Mail: Send a written request for an ALR hearing via certified mail, return receipt requested, to the Ohio BMV address specified on your temporary permit or the DUI paperwork you received from the arresting officer. Your request should include your full name, date of birth, driver's license number, and the date of your arrest. Clearly state that you are requesting an ALR hearing.

• What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day deadline, your driver's license will be automatically suspended. This suspension will begin a specified number of days after your arrest, as indicated on the paperwork you received. Once the suspension begins, it is very difficult to get it lifted until the suspension period expires.

Automatic License Suspension

Upon being arrested for DUI in Pickaway County, your license is subject to an automatic administrative suspension. The length of this suspension depends on whether you submitted to a breath, blood, or urine test and the results (if you took one), or if you refused to take a 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, your license will be suspended. The length of the suspension for a first offense varies, but it is typically 90 days to one year.
• Temporary Permit: You will usually be issued a temporary permit that is valid until the ALR hearing or until the suspension officially begins, whichever comes first. This temporary permit allows you to drive legally until your hearing or the start of your suspension. Make sure you carry this permit with you whenever you drive.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a much harsher penalty than failing the test. In Ohio, a refusal results in a longer license suspension. The suspension for a first-time refusal is typically one to five years.
• 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 consented to submit to chemical testing if lawfully arrested for DUI. Refusing to take the test can lead to a license suspension, even if you are later acquitted of the DUI charge in criminal court.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a crucial opportunity to challenge the suspension of your driver's license. It is a separate proceeding from your criminal case and has its own rules and procedures.

What It Is

• Separate from Criminal Court: The ALR hearing is conducted by the Ohio Bureau of Motor Vehicles (BMV), not the Pickaway County Court. The outcome of the ALR hearing does not directly impact the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the arresting officer had probable cause to believe you were driving under the influence and whether you refused or failed a chemical test.
• Lower Burden of Proof than Criminal Trial: 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, whereas in a criminal trial, the prosecution must prove your guilt beyond a reasonable doubt.

How to Prepare

Preparing for your ALR hearing is essential to maximizing your chances of a favorable outcome.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Pickaway County can represent you at the ALR hearing, present evidence on your behalf, and cross-examine witnesses. An attorney understands the law and the process and can significantly improve your chances of success.

• Understand What You Can Challenge: You can challenge several aspects of the suspension at the ALR hearing, including:

• Whether the officer had probable cause to stop you.

• Whether you were properly advised of your rights regarding chemical testing.

• Whether the chemical test was administered correctly.

• Whether the test results were accurate.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the BMV finds that the suspension is warranted, your license will remain suspended for the applicable period.
• Suspension Overturned: If the BMV finds that the suspension is not justified, your license 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 (see below).

Hardship/Restricted License in Ohio

Even if your license is suspended, you might be eligible for a hardship or restricted license in Ohio, allowing you to drive for essential purposes.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your case, but generally, you must demonstrate a need to drive for work, school, medical appointments, or other essential purposes. You usually need to wait a certain period (often 15-30 days) after the suspension starts before applying.
• What You Can Drive For: A hardship license typically restricts you to driving for specific purposes, such as commuting to and from work, attending classes, or going to medical appointments.
• Costs and Application Process: The application process involves completing an application form, providing documentation to support your need for a restricted license, and paying an application fee. Contact the Pickaway County Court or the Ohio BMV for specific instructions and the most up-to-date fee information.
• IID Requirement: In some cases, a hardship license may require the installation of an ignition interlock device (IID) in your vehicle.

Getting Your License Back

Once your license suspension period has ended, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the circumstances of your case and the length of your suspension. Generally, you will need to:
• Pay a reinstatement fee to the Ohio BMV.
• Provide proof of financial responsibility (SR-22 insurance).
• Complete any required DUI education or treatment programs.
• Retake the driving test (in some cases).
• Fees: The reinstatement fee varies, but it is typically several hundred dollars.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the BMV, verifying that you have the required liability insurance coverage.
• Classes/Programs That Must Be Completed: Depending on the severity of your DUI offense, you may be required to complete a DUI education program, alcohol and drug treatment, or other court-ordered programs.

Pickaway DMV Offices

Unfortunately, I don't have specific details about the Pickaway County DMV offices, but you can easily find this information by:

• Checking the Ohio BMV website: The official BMV website provides a searchable directory of all BMV locations in Ohio, including Pickaway County.
• Using online search engines: Search for "Pickaway County BMV" or "Pickaway County DMV" on Google or other search engines.

Remember to check the hours of operation before visiting a BMV office.

Special Programs

• Ignition Interlock Device Program: Ohio has an ignition interlock device (IID) program that allows individuals with DUI convictions to drive with an IID installed in their vehicle. The IID requires the driver to blow into a breathalyzer before starting the vehicle, preventing operation if alcohol is detected.
• Occupational License: As mentioned above, an occupational license may be available in certain circumstances, allowing you to drive for work-related purposes.
• Other State-Specific Programs: Check with your attorney or the Ohio BMV for information on any other state-specific programs that may be available to you.

A DUI arrest can have serious consequences, including the suspension of your driver's license. Understanding your rights and taking immediate action is crucial to protecting your ability to drive. Don't delay! Request your ALR hearing within 15 days and consult with a qualified DUI attorney in Pickaway County to discuss your options.