Ashland County License Hearing Guide

Ashland DUI License Suspension & ALR Hearing: A Critical Guide

Being arrested for DUI in Ashland, Ohio is a frightening experience. Your immediate concerns likely revolve around jail time, fines, and the impact on your future. However, there's another crucial aspect you need to address immediately: your driver's license. This guide will walk you through the process of license suspension after a DUI arrest in Ashland, focusing on the Administrative License Revocation (ALR) hearing and how to potentially save your driving privileges.

It's important to understand that the process of suspending your license is separate from the criminal DUI case. The ALR hearing is an administrative proceeding handled by the Ohio Bureau of Motor Vehicles (BMV), while the criminal case is handled by the Ashland County courts. Even if you are ultimately found not guilty in criminal court, your license could still be suspended through the ALR process, and vice-versa. This guide focuses specifically on the administrative process.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

Following your DUI arrest in Ashland, you have an extremely limited time to act to protect your driving privileges. You must request an ALR hearing within 15 days of your arrest. This deadline is non-negotiable. Missing it will result in an automatic suspension of your license.

Where to Request: The Ohio Bureau of Motor Vehicles (BMV) handles ALR hearings.

How to Request: You can typically request a hearing through one of the following methods:

• Online: Check the Ohio BMV website (bmv.ohio.gov) for online hearing request options. Look for sections related to DUI, OVI, or administrative license suspension.
• Phone: Contact the Ohio BMV's driver license reinstatement department. Their contact information should be available on the BMV website.
• Mail: Send a written request for an ALR hearing to the address provided on your DUI paperwork (typically your temporary permit). Important: Send it via certified mail with return receipt requested to ensure you have proof of timely submission.

Your request should clearly state that you are requesting an ALR hearing regarding your DUI arrest on [Date of Arrest] in Ashland, Ohio. Include your full name, address, date of birth, driver's license number, and contact information.

What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day deadline, your license will be automatically suspended, and you will lose your opportunity to challenge the suspension administratively.

Automatic License Suspension

Ohio law mandates an automatic license suspension under certain circumstances following a DUI arrest. The length of the suspension depends on whether you submitted to a breath, blood, or urine test, and the results of that test (if applicable), or if you refused to take a test.

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 0.08% or higher, your license will be automatically suspended. The length of the suspension depends on several factors including prior offenses:

• First Offense (BAC 0.08% or higher): In Ohio, this typically results in a license suspension ranging from 90 days to 3 years. The specific length will be determined by the BMV and the court.

Your temporary permit issued at the time of your arrest is valid for a limited time, usually until your ALR hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test carries a more severe penalty than failing the test in Ohio. This is due to Ohio's implied consent law.

• Refusal Penalty: Refusing to submit to a chemical test in Ohio typically results in a license suspension of one to five years for a first refusal.

Implied Consent Law in Ohio: By driving on Ohio roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusing to do so carries significant penalties.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the administrative suspension of your driver's license.

What It Is

• Separate from Criminal Court: This is a crucial point. The ALR hearing is a civil administrative proceeding, completely separate from your criminal DUI case in Ashland County court.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the arresting officer had probable cause to believe you were driving under the influence and whether the proper procedures were followed during your arrest and testing.
• 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.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage (if available), photographs, or any documentation that challenges the officer's account.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Ashland County can be invaluable. They understand the ALR process, can gather and present evidence effectively, and represent you at the hearing. They can also challenge the legality of the stop and testing procedures.
• Understand What You Can Challenge: You can challenge several aspects of the suspension at the ALR hearing, including:
• Whether the officer had probable cause to stop you.
• Whether the officer had probable cause to believe you were driving under the influence.
• Whether you were properly informed of your rights and the consequences of refusing testing.
• Whether the breath or blood test was administered correctly.
• The accuracy of the breath or blood test results.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the BMV has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the BMV 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, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Ohio

Ohio law allows for the possibility of obtaining a hardship or restricted license under certain circumstances, even while your license is suspended.

• Eligibility Requirements: Eligibility for a hardship license in Ohio typically depends on factors such as your driving record, the reason for the suspension, and whether you have completed any required alcohol or drug treatment programs.
• What You Can Drive For: A hardship license typically allows you to drive only for essential purposes, such as:
• Travel to and from work.
• Travel to and from school or educational programs.
• Travel for medical appointments.
• Travel for court-ordered treatment programs.
• Costs and Application Process: The application process for a hardship license involves filing a petition with the court and providing supporting documentation. There are associated fees for the application and the license itself. Contact the Ashland County court for specific details on the application process.
• IID Requirement: Depending on the circumstances of your DUI arrest and your driving record, 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

Successfully navigating the reinstatement process is crucial to regaining your full driving privileges.

After Criminal Case Concludes

Even if you win your ALR hearing, you still need to address the criminal case. Your license may be suspended again if you are convicted of DUI in court.

• Reinstatement Requirements: To reinstate your license after a DUI suspension in Ohio, you will typically need to:
• Serve the full suspension period.
• Pay reinstatement fees to the BMV.
• File proof of financial responsibility (SR-22 insurance) with the BMV.
• Complete any court-ordered alcohol or drug treatment programs.
• Fees: Reinstatement fees vary, so contact the Ohio BMV for the most up-to-date information.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the BMV, proving that you have the required liability insurance coverage.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or alcohol/drug treatment program as part of your sentence or as a condition of license reinstatement.

Ashland DMV Offices

Unfortunately, specific local Ashland DMV office information is not available at this time. Please consult the Ohio BMV website (bmv.ohio.gov) for the most up-to-date information on nearby locations and hours of operation.

Special Programs

• Ignition Interlock Device Program: Ohio has an IID program that allows individuals convicted of DUI to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: This is essentially the same as a hardship license, allowing driving for essential purposes only.
• Any State-Specific Programs: Check with your attorney or the Ohio BMV for any other specific programs available to DUI offenders in Ohio.

This guide provides general information about DUI license suspensions and ALR hearings in Ashland, Ohio. It is not a substitute for legal advice. Contact a qualified DUI attorney in Ashland County to discuss your specific situation and protect your rights. Time is of the essence – act quickly to protect your driving privileges.