Union County License Hearing Guide

Your License After a DUI Arrest in Union County

After a DUI arrest in Union County, Ohio, two separate legal processes begin: a criminal case in court and an administrative process handled by the Ohio Bureau of Motor Vehicles (BMV). This article focuses on the administrative process, specifically the potential suspension of your driver's license and how to challenge it through an Administrative License Suspension (ALS) hearing. Understanding this process and acting quickly is crucial to protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest, you have only 15 days from the date of arrest to request an Administrative License Suspension (ALS) hearing. This hearing challenges the automatic suspension of your license.

To request a hearing, contact the Ohio BMV. The exact method for requesting the hearing (online, phone, or mail) should be confirmed with the BMV directly, as procedures can change.

Missing this 15-day deadline results in an automatic suspension of your driver's license. There are very limited exceptions to this deadline, so immediate action is essential.

Automatic License Suspension

An automatic license suspension occurs immediately following a DUI arrest under certain circumstances.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your blood alcohol content (BAC) was over the legal limit of 0.08, your license will be suspended. The length of the suspension varies according to Ohio law. A temporary permit may be issued, valid until the ALS hearing or the start of the suspension period.

If You Refused Testing

Under Ohio's implied consent law, driving on Ohio roads means you have implicitly consented to submit to chemical testing if arrested for DUI. Refusal to submit to a breath, blood, or urine test results in a longer license suspension than failing the test. The duration of the suspension for refusal is determined by Ohio's implied consent laws.

The ALR/Administrative Hearing

What It Is

The Administrative License Suspension (ALS) hearing is a separate proceeding from your criminal DUI case. It is held to determine whether the Ohio BMV was justified in suspending your driver's license. This hearing is administrative, not criminal, and has a lower burden of proof than a criminal trial.

How to Prepare

Preparing for your ALS hearing is essential to potentially overturning the suspension. Consider these steps:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements or video footage (if available).
• Consider Hiring a DUI Attorney: A DUI attorney can help you navigate the legal complexities of the ALS hearing, present your case effectively, and protect your rights.
• Understand What You Can Challenge: At the hearing, you can challenge the basis for the suspension, such as whether the officer had probable cause for the stop, whether the BAC test was properly administered, or whether you were properly informed of your rights.

Possible Outcomes

The ALS hearing can have one of several outcomes:

• Suspension Upheld: The hearing officer rules that the suspension was justified, and your license remains suspended.
• Suspension Overturned: The hearing officer rules that the suspension was not justified, and your driving privileges are reinstated.
• Restricted/Hardship License Granted: Even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive under specific circumstances.

Hardship/Restricted License in Ohio law allows for the possibility of a hardship or restricted license under certain circumstances.

• Eligibility Requirements: Eligibility requirements vary depending on the specific circumstances of your case and the length of the suspension.
• What You Can Drive For: A restricted license typically allows you to drive for essential purposes such as work, school, medical appointments, or court-ordered treatment.
• Costs and Application Process: Applying for a restricted license involves specific fees and paperwork that must be submitted to the court or the BMV.
• IID Requirement: The court may require the installation of an Ignition Interlock Device (IID) as a condition of receiving a restricted license.

Getting Your License Back

After Criminal Case Concludes

Even if the criminal case concludes, your license is not automatically reinstated. You must take specific steps to regain your full driving privileges. A hidden administrative trap awaits defendants at the conclusion of their case. Even if the court eventually grants limited driving privileges, or the criminal case concludes and the suspension period expires, driving privileges are not automatically restored.

• Reinstatement Requirements: Reinstatement typically involves paying reinstatement fees, providing proof of insurance, and completing any required classes or programs. The BMV requires the defendant to submit a formally completed Alcohol/Drug Reinstatement form (BMV 2326) and pay substantial reinstatement fees—which frequently exceed $475—before the physical driver's license is deemed valid and restored.
• Fees: Reinstatement fees can be substantial.
• SR-22 Insurance Requirement: Ohio typically requires you to obtain SR-22 insurance for a period of time after a DUI conviction. High-risk SR-22 insurance certificates are fundamentally required by the Ohio BMV following an OVI conviction to prove ongoing financial responsibility. The SR-22 is not a physical policy the driver carries; rather, it is a certificate filed electronically and directly by the insurance underwriter to the BMV in Columbus.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or treatment program before your license can be reinstated.

Union County DMV Offices

The Ohio BMV handles license reinstatement. The address and contact information can be found on the Ohio Department of Public Safety website.

Special Programs

• Ignition Interlock Device (IID) Program: For defendants who are eventually granted limited driving privileges by the Marysville Municipal Court, or those placed on specialized pretrial release via the FSTR Drug Court, the installation of continuous monitoring equipment is a routine judicial mandate. Ignition Interlock Devices (IID) are mechanically required for specific repeat offenders or commonly ordered as a strict condition of limited driving privileges for first-time offenders.
• Occupational License: An occupational license allows you to drive for work-related purposes even while your license is suspended. Eligibility requirements and restrictions apply.

Frequently Asked Questions

1What happens if I miss the 15-day deadline to request an ALS hearing in Union County? If you miss the 15-day deadline, your license will be automatically suspended, and you lose your chance to challenge the suspension administratively.

2Can I get a hardship license immediately after my DUI arrest in Union County? The availability and timing of a hardship license depend on the specific details of your case and Ohio law. Contacting an attorney is recommended.

3Where do I pay my license reinstatement fees after a DUI suspension in Union County? Reinstatement fees are paid directly to the Ohio BMV.