Summit County ALS Hearing Guide

Summit County DUI License Suspension & ALR Hearing

After a DUI arrest in Summit County, you face two separate legal processes: a criminal case in court and an administrative case with the Ohio Bureau of Motor Vehicles (BMV). This guide focuses on the administrative side, specifically the Administrative License Suspension (ALS) and the steps you can take to potentially save your driving privileges. The ALS process is entirely separate from the criminal trial and can result in a license suspension regardless of the outcome of your criminal case.

CRITICAL DEADLINE: Request Hearing Within 30 Days

You must formally file an ALS appeal within 30 calendar days from your initial court appearance. Critically, the appeal is filed within the Municipal Court handling the criminal OVI charge (e.g., Akron Municipal Court), not directly with the BMV in Columbus. This is because the legal basis of the appeal challenges the actions of the arresting officer, which is subject to local judicial review.

Missing this deadline results in an automatic license suspension.

Automatic License Suspension

The Ohio BMV imposes an immediate license suspension following a DUI arrest, before your criminal case even goes to trial. The length of the suspension depends on whether you took a breath/blood test and your BAC level or if you refused testing.

If You Took the Breath/Blood Test and Failed

If you submitted to a roadside chemical test and registered at or above the legal limit (0.08 BAC), your license is seized and suspended immediately for 90 days. This is often referred to as a "hard suspension" where you are not eligible for driving privileges for a set amount of time.

If You Refused Testing

Under Ohio's implied consent law, refusing to submit to chemical testing results in a longer license suspension than failing the test. The BMV imposes an immediate 1-year suspension if you refuse the chemical test, and the hard suspension period is doubled to 30 days.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing, also known as an Administrative License Suspension (ALS) hearing, is your opportunity to challenge the suspension of your driver's license.

What It Is

The ALR hearing is an administrative proceeding, meaning it's separate from your criminal DUI case. It takes place before a municipal judge or magistrate. The purpose of the hearing is to determine whether the BMV had sufficient legal grounds to suspend your license. The burden of proof is lower than in a criminal trial.

How to Prepare

• Gather evidence: Collect any evidence that supports your case, such as witness statements or video footage.
• Understand what you can challenge: You can challenge the validity of the traffic stop, the accuracy of the breathalyzer test, or whether you were properly informed of your rights.

Possible Outcomes

• Suspension upheld: If the judge or magistrate finds that the BMV had sufficient grounds to suspend your license, the suspension will be upheld.
• Suspension overturned: If the judge or magistrate finds that the BMV did not have sufficient grounds to suspend your license, the suspension will be overturned, and your license will be reinstated.
• Limited driving privileges: You may be granted limited driving privileges during the suspension period.

Hardship/Restricted License in Ohio law may allow you to apply for limited driving privileges during your license suspension, allowing you to drive for specific purposes, such as work, school, or medical appointments.

Getting Your License Back

After Criminal Case Concludes

After your criminal case concludes and you've served your suspension period, you'll need to take steps to reinstate your license. This typically involves:

• Paying a reinstatement fee to the BMV.
• Filing proof of financial responsibility (SR-22 insurance).
• Completing any required DUI education programs or treatment.

Summit County DMV Offices

While numerous local Deputy Registrar physical offices exist throughout Summit County for basic tasks like tag renewals, complex ALS appeals, suspension processing, and final reinstatements are managed centrally in Columbus via mail/fax, or litigated through the local courts.

Local DMV Office: Ohio BMV (Central Processing for Suspensions) Address: P.O. Box 16520, Columbus, OH 43216-6520 (Mailing) Phone: (844) 644-6268 (Suspensions/Reinstatements Line) Hours: Mon-Fri 8:00 AM - 5:00 PM Online Portal: Suspensions & Reinstatements - Ohio BMV

Special Programs

OVI Court Program

The Akron Municipal Court offers an OVI Court Program specifically targeting high-risk defendants who are facing their second or third OVI conviction within a 10-year lookback period. To qualify, the defendant must be a resident of Summit County, tangibly demonstrate a desire to change their behavior, possess a limited, non-violent criminal history, and have access to reliable transportation to attend frequent mandatory appointments.

The OVI Court is presided over by Judge Jon Oldham.

Frequently Asked Questions

1Where in Summit County do most OVI cases go to court?

The overwhelming majority of misdemeanor OVI cases initiated by the APD or the OSHP are adjudicated at the Akron Municipal Court, located at 172 S Broadway St, Akron, OH 44308.

2Does the Akron Municipal Court allow remote Zoom hearings for OVI offenses?

No, in Akron Municipal Court, OVI offenses are explicitly deemed ineligible for remote Zoom hearings. Defendants must physically present themselves in the courtroom for all OVI-related proceedings.

3What happens if I miss the strict 9:15 AM check-in time at Akron Municipal Court?

If a defendant approaches the check-in desk at 9:16 AM, they will be turned away by the clerk, which can legally trigger the immediate issuance of a bench warrant for failure to appear. Furthermore, any cash deposit previously posted for bond is automatically forfeited in accordance with Ohio Revised Code 2937.35.

Sources

• OTFCA - Summit County
• Best DUI Lawyers in Summit County, OH - Justia
• Akron Municipal Court
• Specialized Dockets - Akron Municipal Court
• Suspensions & Reinstatements - Ohio BMV
• Contact the Ohio Bureau of Motor Vehicles - Ohio BMV
• Traffic/Parking - Akron Municipal Court