Allen County License Hearing Guide

Allen DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

Being arrested for a DUI (Driving Under the Influence) in Allen, Ohio can be a frightening experience. Beyond the criminal charges you face, your driver's license is immediately at risk. This guide provides critical information about the administrative license suspension process, the ALR (Administrative License Revocation) hearing, and how to protect your ability to drive. It's crucial to understand these steps as they are separate from your criminal case and have strict deadlines. Don't delay – your ability to drive depends on it.

Your License After a DUI Arrest in Allen

After a DUI arrest in Allen, Ohio, you're facing two separate legal battles:

• Criminal Case: This is the court process where you will face charges related to driving under the influence, potentially leading to fines, jail time, and a criminal record.
• Administrative License Suspension (ALS): This is a separate process handled by the Ohio Bureau of Motor Vehicles (BMV). It determines whether your driver's license will be suspended due to the DUI arrest. This process is often referred to as an ALR (Administrative License Revocation) hearing.

This guide focuses on the administrative process and how to fight to keep your driving privileges. Remember, these processes are independent, so even if you are found not guilty in your criminal case, your license could still be suspended administratively.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You only have 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing! Missing this deadline means your license will automatically be suspended. This is NOT a suggestion; it is a legal requirement.

• Where to Request: You must request the hearing from the Ohio Bureau of Motor Vehicles (BMV).
• How to Request: You can typically request the hearing online, by phone, or by mail. It's HIGHLY recommended to request it in writing (either online or via certified mail) so you have proof of your request. Check the documentation provided to you at the time of your arrest for specific instructions and the correct address or website.
• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There's very little you can do after that point to prevent the suspension. Act now!

Automatic License Suspension

Even before the ALR hearing, your license may be subject to an automatic suspension depending on whether you took a breath or blood test and 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, your license will be suspended. The length of the suspension varies depending on your prior record and other factors. Expect a suspension period of at least 90 days for a first offense. The arresting officer should have provided you with documentation outlining the suspension period.
• Temporary Permit Valid Until Hearing or Suspension Begins: You may have been issued a temporary permit at the time of your arrest. This permit allows you to drive until your ALR hearing or the date your suspension begins, whichever comes first. Pay close attention to the expiration date of this permit.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a much harsher penalty than failing one. If you refused testing, you face a longer license suspension. In Ohio, refusing a test typically results in a suspension of one year or more 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 submit to testing can result in administrative penalties, regardless of the outcome of the criminal case.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the administrative suspension of your driver's license. It's a crucial step in protecting your driving privileges.

What It Is

• Separate From Criminal Court: As mentioned before, the ALR hearing is completely separate from your criminal DUI case. The outcome of the hearing does not necessarily impact the outcome of your criminal case, and vice versa.
• Decide If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the state had sufficient cause to suspend your driver's license.
• 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 by a preponderance of the evidence (more likely than not) that the suspension is warranted, rather than proving guilt beyond a reasonable doubt.

How to Prepare

Proper preparation is key to increasing your chances of winning your ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video footage (e.g., dashcam footage if available), or documentation that challenges the accuracy of the breath/blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Ohio law can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the legal procedures, can present your case effectively, and can cross-examine witnesses.
• Understand What You Can Challenge: Common grounds for challenging a license suspension include:
• Lack of reasonable suspicion for the initial traffic stop.
• Lack of probable cause for the DUI arrest.
• Improper administration of the breath/blood test.
• Defects in the testing equipment.
• Failure to properly advise you of your rights.

Possible Outcomes

The ALR hearing can result in one of three primary outcomes:

• Suspension Upheld: If the hearing officer finds that the state has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the state has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under specific circumstances, such as for 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, which allows you to drive under specific circumstances.

• Eligibility Requirements: Eligibility for a hardship license typically depends on factors such as the reason for the suspension, your driving record, and your need to drive for essential purposes.
• What You Can Drive For: A hardship license typically restricts driving to essential activities such as:
• Work
• School
• Medical appointments
• Childcare
• Costs and Application Process: The application process for a hardship license involves submitting an application to the court or the BMV, providing documentation to support your need for a hardship license, and paying applicable fees.
• IID Requirement: In some cases, the court may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

After your license suspension period has ended, you will need to take certain steps to reinstate your driving privileges.

After Criminal Case Concludes

Regardless of the outcome of your criminal case, you will need to take steps to reinstate your license after the suspension period ends.

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the BMV.
• Providing proof of insurance (SR-22).
• Completing any required alcohol/drug education or treatment programs.
• Fees: Reinstatement fees vary depending on the length and type of suspension.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required auto insurance coverage. You may be required to maintain SR-22 insurance for a period of time after your license is reinstated.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your DUI, you may be required to complete an alcohol or drug education program, or participate in a substance abuse treatment program, as a condition of reinstatement.

Allen DMV Offices

[Note: Since Allen, Ohio, has no population, a list of the nearest DMV offices should be provided. This requires looking up the closest cities with DMV offices to Allen, OH, and including their addresses and hours of operation. For example:]

• Lima BMV Driver Exam Station: , [Hours of Operation]
• Findlay BMV Driver Exam Station: , [Hours of Operation]

Please check the Ohio BMV website (bmv.ohio.gov) for the most up-to-date information on locations and hours of operation.

Special Programs

• Ignition Interlock Device Program: Ohio has an ignition interlock device (IID) program that allows individuals convicted of DUI to regain driving privileges sooner by installing an IID in their vehicle.
• Occupational License: As mentioned above, individuals may be eligible for an occupational license, which allows them to drive for work-related purposes during a license suspension.
• Ohio Intervention Program: This program is a court-ordered alcohol and drug addiction rehabilitation program designed to reduce recidivism.

This guide provides a general overview of the license suspension and ALR hearing process in Allen, Ohio. It is essential to consult with a qualified Ohio DUI attorney to discuss the specific facts of your case and receive personalized legal advice. Don't delay – your driving privileges are at stake.