Putnam County License Hearing Guide

Putnam DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

Being arrested for DUI in Putnam County, Ohio, can be a frightening experience. Besides the potential criminal charges, your driving privileges are immediately at risk. It's crucial to understand the process of license suspension and the Administrative License Revocation (ALR) hearing, which is separate from your criminal case. This guide will provide the information you need to navigate this critical period and fight to keep your license.

Your License After a DUI Arrest in Putnam

After a DUI arrest in Putnam County, you're facing two separate legal battles: a criminal case in court and an administrative action against your driver's license. This guide focuses on the administrative side – the ALR process – which determines whether your license will be suspended. It’s important to remember that the ALR process is handled separately from your criminal case. Even if you are found not guilty in court, your license can still be suspended through the ALR process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence! Following a DUI arrest in Putnam County, you have a very limited window to protect your driving privileges. You MUST request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. Missing this deadline will result in an automatic suspension of your driver's license.

• Where to Request: The hearing is requested through the Ohio Bureau of Motor Vehicles (BMV).

• How to Request: You typically have a few options for requesting the hearing:

• Online: Check the Ohio BMV website for online hearing request options. Search for "ALR Hearing Request" or "DUI License Suspension Hearing."

• Phone: Contact the Ohio BMV at a dedicated ALR hearing request phone number (check their website for the current number). Be prepared to provide your driver's license information and details about your arrest.

• Mail: Send a written request to the Ohio BMV. Include your full name, driver's license number, date of birth, date of arrest, arresting agency, and a clear statement requesting an ALR hearing. It is recommended to send it via certified mail with return receipt requested for proof of delivery. Again, check the BMV website for the correct address to send this request.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There are very limited exceptions to this rule, so don't delay.

Automatic License Suspension

Upon a DUI arrest in Ohio, your license can be automatically suspended under certain circumstances, regardless of the outcome of your criminal case, pending the ALR hearing:

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 will face an automatic license suspension pending the outcome of your ALR hearing. The length of the suspension can vary depending on prior DUI offenses and the specific BAC level.
• Temporary Permit: You may have been issued a temporary driving permit at the time of your arrest. This permit is typically valid until your ALR hearing or until the automatic suspension begins, whichever comes first. Check the expiration date on your temporary permit carefully.

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. The suspension period for refusal is typically longer than the suspension for a BAC over 0.08%.
• 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 agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in a license suspension, even if you are ultimately not convicted of DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, completely separate from your criminal DUI case. Its sole purpose is to determine whether the Ohio BMV was justified in suspending your driver's license based on the circumstances of your arrest.

• Separate from Criminal Court: The outcome of the ALR hearing does not determine your guilt or innocence in the criminal DUI case.
• Decide If License Suspension Is Warranted: The hearing officer will review the evidence presented and decide whether there was probable cause for the arrest and whether your BAC was over the legal limit (if you took the test) or whether you refused to take the test.
• Lower Burden of Proof Than Criminal Trial: The standard of proof at an ALR hearing is lower than in a criminal trial. The BMV only needs to show that it's more likely than not that the suspension is justified, not "beyond a reasonable doubt" as required in criminal court.

How to Prepare

Proper preparation for your ALR hearing is crucial to maximizing your chances of retaining your driving privileges.

• Gather Evidence: Collect any evidence that could support your case, such as:
• Witness statements (e.g., from passengers or bartenders)
• Video footage (e.g., from dashcams or security cameras)
• Medical records (if relevant to your BAC level or ability to perform field sobriety tests)
• Consider Hiring a DUI Attorney: A qualified DUI attorney can represent you at the ALR hearing, present evidence on your behalf, and cross-examine witnesses. They are familiar with the ALR process and can significantly increase your chances of a favorable outcome.
• Understand What You Can Challenge: Common challenges at an ALR hearing include:
• Lack of probable cause for the initial traffic stop
• Improper administration of field sobriety tests
• Problems with the breathalyzer or blood test machine
• Your BAC was below 0.08
• You did not refuse to take the test

Possible Outcomes

The hearing officer will issue a decision after the ALR hearing. Possible outcomes include:

• Suspension Upheld: The hearing officer finds that the BMV had sufficient grounds to suspend your license, and the suspension remains in effect.
• Suspension Overturned: The hearing officer finds that the BMV did not have sufficient grounds to suspend your license, and your license is reinstated.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Ohio

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

• Eligibility Requirements: Eligibility requirements for a hardship license in Ohio vary depending on the circumstances of your suspension. Generally, you must demonstrate a genuine need to drive, such as for work, school, medical appointments, or childcare.
• What You Can Drive For: A hardship license typically restricts you to driving for specific purposes, such as traveling to and from work, school, medical appointments, or court-ordered treatment programs.
• Costs and Application Process: Applying for a hardship license involves filing a petition with the court and paying a fee.
• 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 DUI offenders or those with high BAC levels.

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: Once your suspension period is over and your criminal case is resolved, you must meet certain requirements to reinstate your license. These may include:
• Paying reinstatement fees
• Providing proof of financial responsibility (SR-22 insurance)
• Completing any required alcohol or drug education programs
• Passing the driver's license exams again
• Fees: Reinstatement fees vary depending on the length of your suspension and the number of prior DUI offenses.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state of Ohio to prove that you have adequate liability insurance coverage.
• Classes/Programs That Must Be Completed: You may be required to complete an alcohol or drug education program or treatment program as a condition of license reinstatement.

Putnam DMV Offices

Unfortunately, specific Putnam County DMV office information is unavailable. Please check the official Ohio BMV website (bmv.ohio.gov) for the nearest full-service location and hours of operation. You can search by zip code for the most convenient location.

Special Programs

• Ignition Interlock Device Program: Ohio has an ignition interlock device (IID) program for DUI offenders. An IID is a breathalyzer device installed in your vehicle that prevents you from starting the engine if you have alcohol in your system.
• Occupational License: An occupational license allows you to drive for work-related purposes, even if your license is suspended. Eligibility requirements vary.
• Any State-Specific Programs: Check the Ohio BMV website for any other state-specific programs that may be available to DUI offenders.

Disclaimer: This guide provides general information and should not be considered legal advice. Consult with a qualified DUI attorney in Putnam County, Ohio, to discuss your specific circumstances and legal options. Time is of the essence - contact an attorney immediately!