Clinton County License Hearing Guide

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

Being arrested for a DUI in Clinton, Ohio is a stressful and frightening experience. One of the first things you'll likely face is the potential suspension of your driver's license. It's crucial to understand that the license suspension process is separate from your criminal case. This administrative process, handled by the Ohio Bureau of Motor Vehicles (BMV), determines whether your license will be suspended regardless of the outcome of your criminal trial. This guide provides immediate, practical information to help you navigate the administrative license suspension process in Clinton, Ohio, and protect your driving privileges. Time is of the essence – act quickly!

Your License After a DUI Arrest in Clinton

When you're arrested for a DUI (also known as OVI in Ohio) in Clinton County, you're essentially facing two separate legal battles:

• Criminal Case: This deals with the actual DUI charge and potential criminal penalties such as fines, jail time, and a criminal record. This will be handled in the Clinton County court system.
• Administrative License Suspension (ALS): This is a civil process initiated by the Ohio BMV. It focuses solely on whether your driving privileges should be suspended due to your alleged DUI. This process is triggered by either failing a breath/blood test (having a Blood Alcohol Content or BAC of 0.08% or higher) or refusing to take the test.

This guide focuses specifically on the Administrative License Suspension and how to fight it.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Clinton County, you have a very limited window of opportunity to challenge the potential suspension of your driver's license. You MUST request an Administrative License Suspension (ALS) hearing within 15 days of your arrest. Missing this deadline will result in an automatic license suspension.

• Where to Request: You must request the hearing through the Ohio Bureau of Motor Vehicles (BMV).

• How to Request: You can request the hearing by contacting the Ohio BMV directly. The most efficient method is often through their online portal or by contacting a DUI attorney who can handle the request on your behalf. You may also be able to do so by mail, but this method carries the risk of missing the critical 15-day deadline. Contact information and procedures should be provided on the paperwork you received at the time of your arrest, or you can find it on the Ohio BMV website.

• What Happens If You Miss the Deadline: If you fail to request an ALS hearing within 15 days, your license will be automatically suspended. There are very few exceptions to this rule. Don't delay!

Automatic License Suspension

The length of your license suspension depends on whether you took a breath/blood test and, if so, what the results were.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your breath or blood test results showed a BAC of 0.08% or higher, you face an administrative license suspension. The length of this suspension can vary depending on prior DUI offenses and other factors, but it is typically 90 days to 1 year for a first offense.

• Temporary Permit Valid Until Hearing or Suspension Begins: The arresting officer likely gave you a temporary driving permit. This permit is valid until your ALS hearing or, if you don't request a hearing, until the suspension automatically goes into effect.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test after being arrested for DUI carries a significantly harsher penalty than failing the test. In Ohio, refusing the test typically results in a suspension of one to five years for a first offense.

• 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 submit to testing can result in the penalties described above.

The ALR/Administrative Hearing

Understanding the ALS hearing process is crucial.

What It Is

• Separate from Criminal Court: Remember, this hearing is entirely separate from your criminal DUI case. Even if you are found not guilty in criminal court, your license can still be suspended through the administrative process.

• Decide if License Suspension is Warranted: The purpose of the ALS hearing is to determine if the BMV had sufficient legal grounds to suspend your license.

• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALS hearing is lower than in a criminal trial. The BMV only needs to show that it is more likely than not (a preponderance of the evidence) that you were driving under the influence.

How to Prepare

• Gather Evidence (Witness Statements, Video, Etc.): If you have any evidence that supports your case, such as witness statements or video footage, gather it and bring it to the hearing.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Clinton County can be invaluable in navigating the ALS hearing process. They can help you understand your rights, gather evidence, and present a strong defense.

• Understand What You Can Challenge: Common challenges in ALS hearings include:

• Whether the officer had reasonable suspicion to stop you.

• Whether you were lawfully arrested for DUI.

• Whether you were properly advised of your rights regarding chemical testing.

• Whether the breath/blood test was administered correctly.

• Whether the testing equipment was properly calibrated and maintained.

Possible Outcomes

• Suspension Upheld: The hearing officer can uphold the suspension, meaning your license will be suspended for the applicable period.

• Suspension Overturned: If the hearing officer finds that the BMV did not have sufficient grounds to suspend your license, the suspension will be overturned, and your driving privileges will be reinstated.

• 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 limited purposes (e.g., work, school, medical appointments).

Hardship/Restricted License in Ohio

Even if your license is suspended, you might be eligible for a hardship license, also known as limited driving privileges.

• Eligibility Requirements: Eligibility for a hardship license in Ohio typically depends on the specific circumstances of your case, including your prior driving record and the reason for the suspension. You generally need to demonstrate a legitimate need to drive, such as for work, school, or medical appointments.

• What You Can Drive For (Work, School, Medical): A hardship license will specify the permissible purposes for which you can drive. These usually include travel to and from work, school, medical appointments, and court-ordered treatment programs.

• Costs and Application Process: Applying for a hardship license involves filing a petition with the court and paying a fee. You will need to provide documentation to support your need to drive.

• IID Requirement: Depending on the circumstances of your DUI arrest and any prior offenses, 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

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: After your criminal case concludes and you have served your suspension period, you will need to meet certain requirements to reinstate your license. These typically include:

• Fees: Paying a reinstatement fee to the Ohio BMV.

• SR-22 Insurance Requirement: Obtaining SR-22 insurance, which is a certificate of financial responsibility that proves you have liability insurance. You will likely need to maintain SR-22 insurance for a period of several years.

• Classes/Programs That Must Be Completed: Completing any court-ordered DUI classes or treatment programs.

Clinton DMV Offices

Unfortunately, specific DMV/DPS office information for Clinton, Ohio is unavailable at this time. However, you can find the nearest BMV office and their hours of operation by visiting the Ohio BMV website: or by searching online for "Ohio BMV near me."

Special Programs

• Ignition Interlock Device Program: Ohio requires IIDs for certain DUI offenders, particularly those with high BAC levels or repeat offenses.

• Occupational License: An occupational license is a type of restricted license that allows you to drive for work-related purposes only. The availability and requirements for occupational licenses vary depending on the circumstances of your case.

This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Clinton County, Ohio, as soon as possible after your arrest to protect your rights and explore all available options. Your future and driving privileges depend on it.