Summit County ALS Hearing Guide

Summit DUI License Suspension & ALR Hearing

Being arrested for a DUI in Summit, Ohio can be a frightening experience. Beyond the criminal charges, you face the immediate threat of losing your driving privileges. It's crucial to understand that there are two separate processes at play: the criminal court case and the administrative license suspension. This guide focuses on the administrative side, specifically the license suspension and the Administrative License Revocation (ALR) hearing, and provides urgent, practical information to help you navigate this challenging situation. Time is of the essence – act quickly!

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Summit, Ohio, 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. This hearing gives you a chance to challenge the suspension of your driver's license before it automatically goes into effect.

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

How to Request: In Ohio, you can typically request an ALR hearing online, by mail, or in person. Check the specific instructions on the paperwork you received at the time of your arrest. The BMV website (bmv.ohio.gov) is the best place to confirm the current procedure and obtain the necessary forms.

• Online: Check the BMV website for an online portal to request the hearing.
• Mail: Download the appropriate form from the BMV website, complete it accurately, and mail it to the address specified on the form. Certified mail with return receipt requested is HIGHLY recommended to prove you submitted the request on time.
• In Person: While less common, you might be able to file in person at a local BMV office. Confirm this option and the specific location on the BMV website or by calling them.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. This is a non-negotiable deadline, so don't delay! Missing this deadline significantly limits your options for regaining your driving privileges.

Automatic License Suspension

Regardless of the outcome of your criminal case, the Ohio BMV can suspend your license administratively following a DUI arrest. The length of the suspension depends on whether you submitted to a breath, blood, or urine test and, if so, the results.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08% or higher, the length of suspension will be determined by Ohio law. First offense suspensions can vary, but typically range from 90 days to one year. Check your paperwork from the arresting officer and the BMV for the specific suspension period.

• Temporary Permit: You likely received a temporary permit after your arrest. This permit allows you to drive until the ALR hearing or until the 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 in Ohio carries a significantly harsher penalty than failing a test. Expect a longer suspension than if you had submitted and failed. This is often a one-year suspension for a first offense.

• 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 comply with this law results in administrative penalties, including license suspension.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. Its sole purpose is to determine whether the BMV had sufficient grounds to suspend your driver's license. It is NOT about determining your guilt or innocence in the DUI case.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly impact your criminal case, and vice versa. However, evidence presented at the ALR hearing could potentially be used in the criminal case.

• Decide if License Suspension is Warranted: The hearing officer will review the evidence presented by the arresting officer and any evidence you present to determine if the suspension is justified.

• 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 "probable cause" that you were driving under the influence, not "beyond a reasonable doubt."

How to Prepare

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

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), medical records, or any other documentation that challenges the basis for the suspension.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Ohio ALR hearings can be invaluable. They understand the legal nuances, can properly present your case, and can cross-examine the arresting officer. This is a highly recommended step.

• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:

• Whether the officer had reasonable suspicion to stop you.

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

• Whether the testing equipment was properly calibrated and maintained.

• Whether the test results were accurate.

Possible Outcomes

• Suspension Upheld: The hearing officer finds sufficient evidence to support the suspension, and your license remains suspended.

• Suspension Overturned: The hearing officer finds insufficient evidence to support the suspension, and your license is reinstated.

• Restricted/Hardship License Granted: The hearing officer may grant a restricted or hardship license, allowing you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Ohio

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

• Eligibility Requirements: Ohio has specific requirements for obtaining a hardship license. These typically include serving a portion of your suspension period, proving a need to drive for work, school, or medical purposes, and potentially installing an ignition interlock device (IID).

• What You Can Drive For: A hardship license typically restricts driving to specific locations and times related to work, school, medical appointments, or other essential needs.

• Costs and Application Process: The application process for a hardship license involves filing a petition with the court and providing supporting documentation. There are also associated fees. Consult with a DUI attorney or the BMV for details.

• IID Requirement: Depending on the circumstances of your DUI and the length of your suspension, 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

After your criminal case concludes and your suspension period ends, you will need to take steps to reinstate your driving privileges.

• Reinstatement Requirements: The requirements for reinstatement typically include paying reinstatement fees, providing proof of financial responsibility (SR-22 insurance), and completing any required alcohol or drug education programs.

• Fees: Reinstatement fees vary and can be significant. Contact the 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, verifying that you have the required liability insurance.

• Classes/Programs That Must Be Completed: The court may order you to complete alcohol or drug education programs, victim impact panels, or other interventions as part of your sentence. Completing these programs is often a requirement for license reinstatement.

Summit DMV Offices

[Note: Since Summit is a county and not a city, there are no DMV offices in Summit County. Residents would use offices in nearby cities.]

To find the nearest Ohio BMV office, visit the Ohio BMV website (bmv.ohio.gov) and use their online office locator. This will provide addresses, phone numbers, and hours of operation for BMV locations near you.

Special Programs

• Ignition Interlock Device Program: Ohio has a mandatory ignition interlock device (IID) program for certain DUI offenders. This program requires the installation of a device in your vehicle that prevents it from starting if you have alcohol in your system.

• Occupational License: An occupational license is similar to a hardship license and allows you to drive for work-related purposes. The specific requirements and restrictions for occupational licenses may vary.

This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Summit, Ohio, to discuss your specific situation and protect your rights. Time is of the essence – contact an attorney today!