Shelby County License Hearing Guide

Shelby DUI License Suspension & ALR Hearing: A Guide to Saving Your Driving Privileges

Were you just arrested for DUI (Operating a Vehicle Under the Influence - OVI) in Shelby, Ohio? This can be a frightening and confusing time. It's crucial to understand that a DUI arrest triggers two separate legal processes: a criminal court case and an administrative license suspension. This guide focuses on the administrative process and how to potentially save your driver's license. Time is of the essence – you have a very limited window to take action!

Your License After a DUI Arrest in Shelby

Following a DUI arrest in Shelby County, Ohio, your driving privileges are immediately at risk. The arresting officer likely confiscated your license and issued you a temporary permit. This temporary permit is not a guarantee you can continue driving. The Ohio Bureau of Motor Vehicles (BMV) can administratively suspend your license, independently of the criminal charges against you. This administrative suspension is triggered by either failing a breath/blood test or refusing to take one. Understanding the difference between the criminal case and the administrative process is vital. The criminal case deals with your guilt or innocence of the DUI charge. The administrative process focuses solely on whether the BMV has sufficient grounds to suspend your license. This guide will help you navigate the administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your arrest to request an Administrative License Suspension (ALS) hearing! This hearing is your chance to challenge the suspension and potentially keep your license.

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

• How to Request: You can request the hearing online, by phone, or by mail. We strongly recommend confirming that your request was received, regardless of the method you use.

• Online: Visit the Ohio BMV website (search "Ohio BMV ALS Hearing Request"). Look for the section dealing with Administrative License Suspensions.

• Phone: Call the Ohio BMV at (Insert Official BMV Phone Number Here - Needs to be researched and added). Be prepared to provide your driver's license information and arrest details.

• Mail: Send a written request to the Ohio BMV (Insert Official BMV Mailing Address Here - Needs to be researched and added). Your request should include your full name, driver's license number, date of birth, date of arrest, arresting agency, and a clear statement that you are requesting an Administrative License Suspension hearing. Send it certified mail with return receipt requested to ensure proof of delivery.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will automatically be suspended. There's very little recourse after the deadline passes, so act quickly!

Automatic License Suspension

The reason you need to act fast is because the BMV can automatically suspend your license based on the circumstances of your arrest.

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 suspension period for a first offense administrative suspension is typically 90 days to one year, depending on the specific BAC level and any prior offenses. Remember, this is separate from any suspension imposed as part of the criminal case.

• Temporary Permit Valid Until Hearing or Suspension Begins: The temporary permit you received at the time of your arrest is valid until your ALS hearing or until the suspension officially begins, whichever comes first.

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 a test results in a longer administrative license suspension, typically one to five years for a first refusal.

• Implied Consent Law in Ohio: Ohio operates under 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. Refusal to submit to testing can result in severe penalties.

The ALR/Administrative Hearing

The Administrative License Suspension (ALS) hearing, also sometimes called an Administrative License Revocation (ALR) hearing, is your opportunity to challenge the BMV's decision to suspend your license.

What It Is

• Separate From Criminal Court: It's crucial to understand that the ALS hearing is a completely separate proceeding from your criminal DUI case. The outcome of the hearing does not directly impact the criminal case, and vice versa.

• Decide If License Suspension Is Warranted: The sole purpose of the ALS hearing is to determine whether the BMV had sufficient legal grounds to suspend your license.

• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALS 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 warranted. This is a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Proper preparation is key to a successful ALS hearing.

• Gather Evidence: Gather any evidence that supports your case. This might include:

• Witness statements that contradict the police report.

• Dashcam or bodycam footage that shows the arrest.

• Medical records that explain a medical condition that could have affected your BAC reading.

• Evidence that the breathalyzer machine was not properly calibrated.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Shelby County can be invaluable. They understand Ohio DUI laws, the ALS hearing process, and how to effectively present your case. They can also negotiate with the BMV on your behalf.

• Understand What You Can Challenge: You can challenge several aspects of the BMV's case, including:

• Whether the arresting officer had probable cause to stop you.

• Whether the officer properly administered the breath/blood test.

• Whether the breathalyzer machine was properly calibrated and maintained.

• Whether you were properly informed of your rights and the consequences of refusing to take the test.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the BMV had sufficient grounds for the suspension, your license will remain suspended.

• Suspension Overturned: If the hearing officer finds that the BMV did not have sufficient grounds for the suspension, 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.

Hardship/Restricted License in Ohio

A hardship license, also known as an occupational license or limited driving privileges, allows you to drive for specific purposes, such as work, school, or medical appointments, even while your license is suspended.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your case and the length of your suspension. Generally, you must demonstrate a genuine need to drive for essential purposes.

• What You Can Drive For: Typically, a hardship license allows you to drive to and from work, school, medical appointments, and court-ordered treatment programs.

• Costs and Application Process: The application process involves filing a petition with the court and providing supporting documentation. There are associated court fees. A DUI attorney can assist you with this process.

• 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 hardship license.

Getting Your License Back

Successfully navigating the administrative process and fulfilling all requirements is crucial to getting your full driving privileges restored.

After Criminal Case Concludes

• Reinstatement Requirements: After your criminal case concludes and your administrative suspension period ends, you must meet certain requirements to reinstate your license.

• Fees: You will need 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 DUI education program or treatment program as a condition of reinstatement.

Shelby DMV Offices

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Example - Replace with actual Shelby County information:

• Shelby County BMV: 123 Main Street, Shelby, OH 44875. Phone: (555) 123-4567. Hours: Monday-Friday, 8:00 AM - 5:00 PM.

Special Programs

• Ignition Interlock Device Program: Ohio has an Ignition Interlock Device (IID) program that allows individuals convicted of DUI to drive with an IID installed in their vehicle.

• Occupational License: As discussed above, an occupational license (hardship license) allows limited driving privileges.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. If you have been arrested for DUI in Shelby, Ohio, you should consult with a qualified DUI attorney as soon as possible. Time is of the essence, and your attorney can help you protect your rights and navigate the legal process.