Auglaize County License Hearing Guide

Auglaize DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges

Being arrested for a DUI (Driving Under the Influence) in Auglaize County, Ohio, is a stressful and confusing experience. You're likely worried about the criminal charges, but it's crucial to understand that your driving privileges are at immediate risk, independent of the criminal case. This guide provides critical information about the administrative license suspension and the Administrative License Revocation (ALR) hearing process, helping you understand your rights and take the necessary steps to protect your license.

Understanding the Two Processes: It's vital to recognize that there are two separate legal proceedings following a DUI arrest:

• Criminal Case: This deals with the criminal charges against you, such as DUI/OVI.
• Administrative Case (ALR Hearing): This is handled by the Ohio Bureau of Motor Vehicles (BMV) and determines whether your driver's license will be suspended administratively, meaning independent of the criminal court's decision.

This guide focuses on the administrative aspect, specifically the ALR hearing, which is your opportunity to challenge the suspension of your driver's license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Auglaize County, you have a very limited time to take action to protect your driving privileges. You MUST request an ALR hearing within 15 days of your arrest. Missing this deadline will result in an automatic suspension of your driver's license.

Where to Request: The ALR hearing request must be submitted to the Ohio Bureau of Motor Vehicles (BMV).

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

• Online: Check the Ohio BMV website (www.bmv.ohio.gov) for online hearing request options. Look for sections related to DUI or Administrative License Suspension.
• Phone: Contact the Ohio BMV directly to inquire about requesting a hearing by phone. Be prepared to provide your driver's license number and details of your arrest.
• Mail: You can send a written request to the Ohio BMV. Include your full name, driver's license number, date of birth, date of arrest, arresting agency, and a clear statement requesting an ALR hearing to challenge the suspension of your license. Send it via certified mail with return receipt requested, so you have proof of timely submission.

Important: The specific address to mail the request can usually be found on the paperwork given to you by the arresting officer or on the Ohio BMV website. Verify the correct address before mailing.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule, so acting promptly is essential.

Automatic License Suspension

The length of your license suspension depends on whether you took a breath/blood test and the results, or if you refused to submit to testing.

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 exact suspension period in Ohio will depend on whether it's a first offense and the specific BAC level. Expect a suspension of at least 90 days for a first offense with a BAC over 0.08%. Check Ohio's DUI laws for the most updated information.
• Temporary Permit: The arresting officer may have issued you a temporary driving permit. This permit is valid until your ALR hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a significantly harsher penalty than failing the test. In Ohio, refusing a test typically results in a longer license suspension than failing the test. Expect a suspension of at least one year for a first-time refusal.
• Implied Consent Law in Ohio: Ohio, like most states, has an implied consent law. This law states that by driving on Ohio roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law results in the automatic license suspension described above.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a critical step in challenging the administrative suspension of your driver's license. Remember, this is a separate proceeding from your criminal case.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine 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 BMV had sufficient legal grounds to suspend your license.
• Lower Burden of Proof: 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 (meaning more likely than not) that the suspension was justified.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This may include:
• Witness statements from passengers or others who observed your driving.
• Video footage from dash cams or security cameras that may contradict the police report.
• Medical records that explain any medical conditions that may have affected your performance on field sobriety tests.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Auglaize County can be invaluable. They understand the local court system, the BMV hearing process, and can help you gather evidence and present a strong defense.
• Understand What You Can Challenge: You can challenge several aspects of the suspension, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether you were lawfully arrested for DUI.
• Whether you were properly informed of your rights regarding chemical testing.
• Whether the chemical test results were accurate and reliable.
• Whether you actually refused the test (if applicable).

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: The hearing officer finds that the BMV had sufficient grounds to suspend your license, and the suspension remains in effect.
• Suspension Overturned: The hearing officer finds that the BMV did not have sufficient grounds to suspend your license, and your license is reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license that allows you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Ohio

Even if your ALR hearing doesn't go your way, you may be able to obtain a hardship license to drive for essential purposes.

• Eligibility Requirements: Ohio has specific eligibility requirements for hardship licenses. These requirements typically include:
• A waiting period after the suspension begins.
• Proof of employment, enrollment in school, or necessary medical appointments.
• Proof of financial responsibility (SR-22 insurance).
• Completion of any required alcohol or drug education programs.
• What You Can Drive For: A hardship license typically restricts your driving to specific purposes, such as:
• Travel to and from work.
• Travel to and from school.
• Travel to medical appointments.
• Costs and Application Process: The cost and application process for a hardship license vary. Contact the Ohio BMV for specific information.
• IID Requirement: Depending on the circumstances of your case, 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 suspension period is over and your criminal case is resolved, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: The reinstatement requirements vary depending on the specifics of your case, but typically include:
• Paying a reinstatement fee to the Ohio BMV.
• Providing proof of financial responsibility (SR-22 insurance).
• Completing any required alcohol or drug education programs.
• Passing any required driving tests.
• Fees: Reinstatement fees can vary, so check with the Ohio 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. It proves that you have the required minimum liability insurance coverage.
• Classes/Programs that Must Be Completed: The court or the BMV may require you to complete alcohol or drug education programs as a condition of reinstatement.

Auglaize DMV Offices

[Note: Since specific courthouse and impound lot data is not currently available, this section will focus on general information. It is crucial to verify the information below, as office hours and services can change.**]

Contacting the Ohio BMV is essential for specific information regarding your case. While a physical DMV office may not be located directly in Auglaize County, depending on its size, there will be nearby locations. Check the Ohio BMV website (www.bmv.ohio.gov) for the most up-to-date information on nearby locations, addresses, phone numbers, and hours of operation. You may need to travel to a neighboring county to access BMV services.

Special Programs

• Ignition Interlock Device (IID) 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: An occupational license may be available to allow driving for work-related purposes.
• Ohio BMV Website: Always consult the official Ohio BMV website (www.bmv.ohio.gov) for the most current and accurate information on DUI laws, license suspensions, and reinstatement procedures.

Disclaimer: This information is for general guidance only and should not be considered legal advice. You should consult with a qualified attorney in Auglaize County, Ohio, to discuss your specific situation and legal options. Time is of the essence, so contact an attorney immediately.