Preble County License Hearing Guide

Preble DUI License Suspension & ALR Hearing: A Critical Guide

Losing your driver's license after a DUI arrest in Preble, Ohio, can significantly impact your life. You need to act fast. This guide provides crucial information about the administrative license suspension process, your rights, and how to navigate the ALR (Administrative License Revocation) hearing to potentially save your driving privileges.

It's important to understand that the process of suspending your license after a DUI arrest is separate from the criminal DUI case. This guide focuses on the administrative process handled by the Ohio Bureau of Motor Vehicles (BMV). Even if you are found not guilty in criminal court, your license may still be suspended administratively. This is why understanding the ALR hearing is so vital.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

Time is of the essence! Following a DUI arrest in Preble County, you have only 15 days from the date of your arrest to request an Administrative License Suspension (ALS) hearing. Missing this deadline will result in an automatic suspension of your driver's license.

Where to Request a Hearing:

You must request your ALR hearing through the Ohio Bureau of Motor Vehicles (BMV).

How to Request a Hearing:

Currently, the Ohio BMV typically provides instructions on how to request the hearing on the DUI paperwork you received at the time of your arrest. Look for information about requesting an administrative hearing. Common methods include:

• Online: Check the Ohio BMV website for an online portal or form to request the hearing. Search for "Ohio DUI ALR Hearing Request."
• Mail: You may need to send a written request to the BMV. The address should be on the paperwork you received. Include your full name, date of birth, driver's license number, and the date of your DUI arrest. State clearly that you are requesting an Administrative License Suspension (ALS) hearing.
• Phone: While less common, some BMV offices might allow you to request a hearing over the phone. Check the paperwork you received for a phone number specifically for ALR hearing requests.

What Happens If You Miss the Deadline?

If you fail to request a hearing within 15 days, your Ohio driver's license will be automatically suspended. The length of the suspension depends on whether you took a breath/blood test and failed it, or if you refused testing altogether. Do not miss this deadline! Contact a DUI attorney immediately if you are unsure how to proceed.

Automatic License Suspension

Following a DUI arrest in Preble County, your license will likely be subject to an automatic administrative suspension, pending the outcome of the ALR hearing. The reason for and length of the suspension depends on whether you submitted to chemical testing.

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 length of the suspension varies and depends on factors like prior offenses.
• Temporary Permit Valid Until Hearing or Suspension Begins: The arresting officer likely issued you a temporary driving permit. This permit is typically valid until your ALR hearing date or the date the administrative suspension officially begins, whichever comes first. Pay close attention to the expiration date on the temporary permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a significantly harsher penalty than failing the test. In Ohio, refusing testing typically results in a longer administrative license suspension.
• 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 arrested for DUI. Refusal to comply with this law results in an automatic license suspension.

The ALR/Administrative Hearing

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

What It Is

• Separate From Criminal Court: This hearing is entirely separate from your criminal DUI case. It's an administrative proceeding conducted by the Ohio BMV.
• Decides if License Suspension is Warranted: The sole purpose of the ALR hearing is to determine whether the administrative license suspension should be upheld.
• Lower Burden of Proof Than Criminal Trial: The BMV only needs to prove that the arresting officer had reasonable suspicion to stop you and probable cause to believe you were driving under the influence. This is a lower standard than "beyond a reasonable doubt" required in a criminal trial.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence (Witness Statements, Video, etc.): Collect any evidence that supports your case. This might include witness statements, dashcam footage (if available), or any other information that casts doubt on the validity of the arrest.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Ohio law can be invaluable. They understand the ALR hearing process, can gather and present evidence effectively, and advocate on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to believe you were driving under the influence.
• The accuracy of the breathalyzer or blood test.
• Whether you were properly informed of your rights regarding chemical testing.

Possible Outcomes

• Suspension Upheld: The BMV hearing officer finds sufficient evidence to support the suspension.
• Suspension Overturned: The BMV hearing officer finds that the suspension was not warranted, and your license is 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.

Hardship/Restricted License in Ohio

If your license is suspended, you may be eligible for a hardship or restricted license in Ohio. This allows you to drive for essential purposes, even during the suspension period.

• Eligibility Requirements: Eligibility requirements vary depending on the specific circumstances of your case and the length of the suspension. Generally, you must demonstrate a need to drive for work, school, or medical appointments. You may also need to complete a portion of your suspension period before applying.
• What You Can Drive For: A restricted license typically allows you to drive to and from work, school, medical appointments, and court-ordered treatment programs. The specific restrictions will be outlined on your license.
• Costs and Application Process: The application process involves submitting an application to the court and paying a fee. You may also need to provide documentation to support your need for a restricted license.
• IID Requirement: In some cases, particularly for repeat offenders or those with high BAC levels, an Ignition Interlock Device (IID) may be required as a condition of obtaining a restricted license.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the length of the suspension and other factors. Generally, you will need to:
• Complete the suspension period.
• Pay reinstatement fees to the BMV.
• Provide proof of financial responsibility (SR-22 insurance).
• Complete any court-ordered classes or treatment programs.
• Fees: Reinstatement fees vary and can be substantial. 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 BMV. It demonstrates that you have the required minimum liability coverage.
• Classes/Programs That Must Be Completed: The court may order you to complete alcohol education classes, treatment programs, or other requirements as part of your sentence. You must complete these programs before your license can be reinstated.

Preble DMV Offices

Because Preble County is a smaller county, you may need to visit the nearest full-service BMV location in a neighboring county. It's always best to check the Ohio BMV website (bmv.ohio.gov) for the most up-to-date information on locations and hours. You can also call the BMV directly.

Please note: Specific locations and hours of operation can change. Always verify information before visiting.

Special Programs

• Ignition Interlock Device Program: Ohio has an Ignition Interlock Device (IID) program. This program requires individuals convicted of DUI to install a breathalyzer device in their vehicle. The device prevents the vehicle from starting if the driver's BAC exceeds a pre-set limit.
• Occupational License: This is another term sometimes used for a restricted license, allowing driving for work purposes.
• Any State-Specific Programs: Check with your attorney and the Ohio BMV for any other programs that may be applicable to your specific situation.

This guide provides general information and should not be considered legal advice. It is crucial to consult with an experienced Ohio DUI attorney to discuss your specific case and protect your rights. The 15-day deadline to request an ALR hearing is critical, so act quickly.