Scioto County License Hearing Guide

Your License After a DUI Arrest in Scioto County

After being arrested for Operating a Vehicle Impaired (OVI) in Scioto County, Ohio, you face two separate legal processes: a criminal case in court, and an administrative action against your driver's license. This guide focuses on the administrative license suspension (ALS) process handled by the Ohio Bureau of Motor Vehicles (BMV). It is crucial to understand this process because it can result in a license suspension independent of the outcome of your criminal case.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your OVI arrest to request an Administrative License Suspension (ALS) hearing. This hearing challenges the automatic suspension of your driver's license. Failing to request a hearing within this timeframe results in an automatic license suspension.

To request an ALS hearing, you must contact the Ohio BMV. You can find information on how to do so at the Ohio Department of Public Safety website. The website may provide options for requesting the hearing online, by phone, or by mail.

If you miss the 15-day deadline, your license will be automatically suspended, regardless of the circumstances of your arrest or the strength of your defense in the criminal case.

Automatic License Suspension

Ohio law mandates an automatic license suspension under certain conditions following a DUI arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and the result was a blood alcohol concentration (BAC) of 0.08% or higher, your license will be suspended. The length of the suspension varies according to Ohio law. The Ohio State Highway Patrol (OSHP) enforces OVI laws in Scioto County, and a failed test triggers this suspension.

You may be issued a temporary permit at the time of your arrest. This permit remains valid until the ALS hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

Under Ohio's implied consent law, by driving on Ohio roads, you have implicitly consented to submit to chemical testing if arrested for OVI. Refusing to submit to a breath, blood, or urine test carries a longer license suspension than failing the test.

Refusal to submit to testing results in an automatic license suspension under Ohio's implied consent laws.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing, also known as an Administrative License Suspension (ALS) hearing, is a separate proceeding from your criminal case. It is conducted by the Ohio BMV, not the court. The sole purpose of this hearing is to determine whether the administrative suspension of your driver's license is warranted.

What It Is

The ALR hearing is an administrative hearing, meaning it is governed by different rules and procedures than a criminal trial. The burden of proof is lower than in a criminal case. The BMV only needs to show that it is more likely than not that you were driving under the influence.

How to Prepare

Preparing for an ALR hearing involves gathering evidence and understanding the issues you can challenge.

• Gather evidence: This may include witness statements, police reports, dashcam or bodycam footage (if available), and any other evidence that supports your case.
• Understand what you can challenge: You can challenge several aspects of the suspension, including whether the officer had probable cause to stop you, whether the arrest was lawful, and whether the breath or blood test was administered properly.

Possible Outcomes

The ALR hearing can have one of three outcomes:

• Suspension upheld: If the BMV finds sufficient evidence that you were driving under the influence, your license suspension will be upheld.
• Suspension overturned: If the BMV finds that there was not sufficient evidence to support the suspension, your license will be reinstated.
• Restricted/hardship license granted: In some cases, you may be eligible for a restricted or hardship license, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Ohio law may allow for a restricted or hardship license during your suspension period, allowing you to drive for specific purposes.

• Eligibility requirements: Eligibility for a restricted license varies based on the specific circumstances of your case, including the length of the suspension and your prior driving record.
• 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.
• Costs and application process: Applying for a restricted license involves filing an application with the court and paying a fee.
• IID requirement: Depending on the circumstances, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

After your criminal case concludes and your suspension period ends, you must take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement requirements: Reinstatement requirements vary depending on the specific details of your case and the terms of your sentence.
• Fees: You will likely be required to pay a reinstatement fee to the BMV.
• SR-22 insurance requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/programs that must be completed: You may be required to complete a Driver Intervention Program (DIP) or other court-ordered classes or treatment programs. Scioto County uses the 72-hour Driver Intervention Programs (DIP) hosted in local motels as an alternative to statutory jail time.

Scioto County DMV Offices

The Ohio Department of Public Safety provides services in Scioto County. Contact the Ohio Department of Public Safety for more information.

Special Programs

• Ignition interlock device program: Ohio has an ignition interlock device (IID) program for individuals convicted of OVI. An IID is a breathalyzer device installed in a vehicle that prevents the vehicle from starting if the driver's BAC is above a certain level.
• Occupational license: An occupational license allows you to drive for work-related purposes even if your license is suspended. Eligibility requirements vary.

Frequently Asked Questions

Q: How much does a bail bondsman typically charge for a first-offense OVI in Scioto County? A: A commercial bail bondsman typically charges a non-refundable premium of 10% of the total bond amount. For a first-offense OVI with a standard $1,000 bond, this would be $100. Browse licensed bail bondsmen serving Scioto County in our bail bond directory.

Q: Where is the Scioto County Jail located, and what is the phone number to inquire about an inmate? A: The Scioto County Jail is located at 1025 16th St, Portsmouth, OH 45662. You can contact the jail at (740) 355-8261 or (740) 355-8277 for inmate information.

Q: How long do I have to retrieve my car from the impound lot before storage fees become excessive in Scioto County? A: Storage fees typically begin compounding 24 hours after the initial tow. Given rates between $50 and $160 per day, it’s crucial to retrieve your vehicle as quickly as possible to avoid significant financial burden.