Carroll County License Hearing Guide

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

A DUI arrest in Carroll, Ohio can trigger two separate legal processes: a criminal case in court and an administrative action against your driver's license. This guide focuses on the administrative side, specifically the potential suspension of your license and the crucial Administrative License Revocation (ALR) hearing. Time is of the essence! This process is separate from your criminal case, and failing to act quickly can result in an automatic license suspension, even before your court date.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

Following your DUI arrest in Carroll, you have a very limited window to request an Administrative License Revocation (ALR) hearing. You must request this hearing within 15 days of your arrest. This is not optional if you want to challenge the suspension of your license.

Where to Request the Hearing: The hearing is requested through the Ohio Bureau of Motor Vehicles (BMV).

How to Request the Hearing:

• Online: The Ohio BMV often provides an online portal for requesting ALR hearings. Visit the BMV website and search for "ALR Hearing Request" or "Administrative License Suspension Appeal." Look for a specific online form or application.
• Phone: Contact the Ohio BMV directly by phone. A representative can guide you through the process and may be able to initiate the request over the phone. Check the BMV website for the correct phone number for ALR hearing requests.
• Mail: You can send a written request for an ALR hearing via certified mail to the Ohio BMV. Include the following information:
• Your full name and address
• Your driver's license number
• The date of your arrest
• The arresting officer's name and department
• A clear statement requesting an ALR hearing to contest the suspension of your driver's license.

Send the request to the address designated by the BMV for ALR hearing requests. This address can be found on the BMV website or on the paperwork you received at the time of your arrest.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. There is typically very little recourse once the deadline has passed. You will be subject to the full suspension period based on whether you took and failed or refused the breath/blood test.

Automatic License Suspension

After a DUI arrest, the Ohio BMV can automatically suspend your driver's license under certain circumstances, regardless of the outcome of your criminal case. This is based on Ohio's "implied consent" law.

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 varies, but it's typically a minimum of 90 days for a first offense with the possibility of a longer suspension based on your BAC level.

You likely received a temporary permit at the time of your arrest. This permit is typically valid until your ALR hearing or until the date the suspension begins, if you don't request a hearing or if your suspension is upheld at the hearing.

If You Refused Testing

Ohio, like most states, has an "implied consent" law. This means that by driving on Ohio roads, you have implicitly consented to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI.

If you refused to take a breath, blood, or urine test after being arrested for DUI in Carroll, Ohio, you will face a longer license suspension than if you had taken and failed the test. The suspension period for a refusal is typically one year for a first offense.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a separate process from your criminal court case. It is conducted by the Ohio BMV and is focused solely on whether or not your driver's license should be suspended based on the circumstances of your arrest.

What It Is

The ALR hearing is an administrative proceeding, meaning it is not a criminal trial. The burden of proof is lower than in a criminal court. The BMV only needs to show by a preponderance of the evidence (more likely than not) that the suspension is warranted.

The purpose of the ALR hearing is to determine if:

• The officer had reasonable grounds to believe you were driving under the influence.
• You were lawfully arrested.
• You were asked to submit to a chemical test.
• You refused the test, or if you took the test, your BAC was 0.08% or higher.

How to Prepare

Preparing for your ALR hearing is crucial. Here are some steps you can take:

• Gather Evidence: Collect any evidence that supports your case. This might include:

• Witness statements

• Dashcam or bodycam footage (if available)

• Medical records

• Photos or videos of the scene

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Ohio ALR hearings can be invaluable. They can help you:

• Understand the law and the hearing process

• Gather and present evidence

• Cross-examine witnesses

• Argue your case effectively

• Understand What You Can Challenge: You can challenge various aspects of the arrest and the testing process, such as:

• The legality of the traffic stop

• The officer's reasonable suspicion

• The accuracy of the breathalyzer or blood test

• Whether you were properly informed of your rights

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the BMV proves its case, your license suspension will be upheld.
• Suspension Overturned: If you successfully challenge the suspension, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted or hardship license, allowing you to drive for limited 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 during a license suspension period. This allows you to drive for essential purposes.

• Eligibility Requirements: Eligibility requirements vary based on the length of the suspension and the reason for the suspension. Generally, you must demonstrate a need to drive for work, school, medical appointments, or other essential activities. You may need to wait a certain period of time into your suspension before applying.
• What You Can Drive For: A hardship license typically restricts your driving to specific locations and times, such as driving to and from work, school, medical appointments, or substance abuse treatment programs.
• Costs and Application Process: There are fees associated with applying for and obtaining a hardship license. The application process involves submitting documentation to the court or BMV demonstrating your need for a restricted license.
• 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

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

Regardless of the outcome of your criminal case, you will need to fulfill specific requirements to reinstate your license after the suspension period ends.

• Reinstatement Requirements: These requirements typically include:

• Paying reinstatement fees to the BMV

• Providing proof of insurance (SR-22 insurance)

• Completing any required DUI classes or treatment programs

• Passing any required driving tests

• Fees: Reinstatement fees vary and can be significant. Contact 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 to prove that you have the required liability insurance.

• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or substance abuse treatment program as a condition of reinstatement.

Carroll DMV Offices

[This section will be populated with the addresses and hours of operation for the Carroll County, Ohio DMV/DPS offices. Since there are no DMV/DPS offices located directly within Carroll County, list the closest ones in surrounding counties.]

Please note: Information regarding local DMV offices needs to be researched and added here. Examples of nearby offices to research:

• DMV offices in Stark County (Canton, Massillon)
• DMV offices in Tuscarawas County (New Philadelphia)
• DMV offices in Harrison County (Cadiz)

Special Programs

• Ignition Interlock Device (IID) Program: Ohio has an IID program that may be required as part of a DUI sentence or as a condition of obtaining a hardship license. The IID prevents the vehicle from starting if the driver's breath alcohol content exceeds a pre-set limit.
• Occupational License: An occupational license is a type of restricted license that allows you to drive for work-related purposes only. Eligibility requirements and restrictions vary.
• Ohio Intervention Program: This program offers education and treatment options for individuals convicted of DUI. Successful completion of the program may lead to reduced penalties.

Disclaimer: This information is for general guidance only and should not be considered legal advice. Consult with a qualified DUI attorney in Carroll, Ohio, to discuss your specific situation and legal options.