Erie County License Hearing Guide

Erie DUI License Suspension & ALR Hearing: A Guide to Protecting Your Driving Privileges

Being arrested for a DUI in Erie, Ohio, can be a frightening experience. Beyond the criminal charges, one of the most immediate concerns 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 is an administrative process handled by the Ohio Bureau of Motor Vehicles (BMV), and it moves fast. This guide will walk you through the process, focusing on the critical deadlines and steps you need to take to potentially save your license.

Your License After a DUI Arrest in Erie

Following a DUI arrest in Erie County, you face two distinct legal battles:

• Criminal Case: This involves the actual DUI charge itself, handled by the Erie County court system. You'll face potential jail time, fines, and other penalties if convicted.

• Administrative License Suspension (ALS): This is a separate process handled by the Ohio BMV. This process determines whether your driver's license will be suspended due to your DUI arrest. This suspension is triggered by either failing a breath/blood test or refusing to take one.

Understanding the difference is vital because the ALS process has a very short deadline that you must meet to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an Administrative License Suspension (ALS) hearing. This hearing is your opportunity to challenge the suspension of your license before it automatically goes into effect. Missing this deadline means your license will be automatically suspended.

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

How to Request: You can typically request the hearing by:

• Online: Check the Ohio BMV website (bmv.ohio.gov) for online hearing request options. Look for sections related to DUI, ALS, or administrative hearings.
• Phone: Contact the Ohio BMV's customer service line. Inquire about the procedure for requesting an ALS hearing. Be prepared to provide information about your arrest.
• Mail: You can send a written request to the Ohio BMV. Include your full name, date of birth, driver's license number, date of arrest, arresting agency, and a clear statement that you are requesting an ALS hearing. Send it via certified mail with return receipt requested to ensure proof of delivery. The address to mail your request to is usually found on the paperwork you receive at the time of your arrest.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There are very few exceptions to this rule, so act quickly!

Automatic License Suspension

The Ohio BMV can automatically suspend your license based on the circumstances of your DUI arrest.

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 suspension period for a first offense can vary, but it typically ranges from 90 days to one year.
• Temporary Permit Valid Until Hearing or Suspension Begins: You will likely be issued a temporary permit that allows you to drive until your ALS hearing or until the suspension officially begins. This temporary permit will outline the exact date your driving privileges will be suspended if you do not request a hearing or if the suspension is upheld at the hearing.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a harsher penalty than failing the test. In Ohio, refusing a test typically results in a longer license suspension than failing one. The suspension for a first-time refusal can be one to five years.
• Implied Consent Law in Ohio: Ohio, like most states, operates under an implied consent law. This means that by driving on Ohio roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusing to take a test can lead to the automatic suspension of your license, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing, or Administrative Hearing, is your opportunity to challenge the BMV's decision to suspend your license.

What It Is

• Separate from Criminal Court: It's essential to remember that the ALS hearing is entirely separate from your criminal DUI case. The outcome of the ALS hearing does not determine your guilt or innocence in the criminal case.
• Decide If License Suspension Is Warranted: The purpose of the hearing is to determine whether the BMV had sufficient grounds to suspend your license.
• Lower Burden of Proof Than Criminal Trial: The BMV has a lower burden of proof than the prosecution in a criminal trial. They only need to show that it's more likely than not that you were driving under the influence, not prove it beyond a reasonable doubt.

How to Prepare

• Gather Evidence: Collect any evidence that might support your case, such as:
• Witness Statements: Statements from anyone who was with you before your arrest and can attest to your sobriety.
• Video Footage: If there is any video footage of the traffic stop or your interaction with the police, obtain a copy.
• Medical Records: If you have any medical conditions that might have affected the test results, gather your medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Ohio ALS hearings can be invaluable. They can help you navigate the legal process, gather evidence, and present the best possible defense.
• Understand What You Can Challenge: At the hearing, you can challenge several aspects of the BMV's case, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the breath/blood test.
• Whether you were properly informed of your rights regarding chemical testing.
• Whether you actually refused to take the test.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the BMV had sufficient grounds to suspend your license, the suspension will be upheld.
• 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 license 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 that allows you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Ohio

Even if your license is suspended, you may be eligible for a hardship license (also known as limited driving privileges) in Ohio. This allows you to drive under specific circumstances, such as for work, school, or medical appointments.

• Eligibility Requirements: The requirements for obtaining a hardship license vary depending on the circumstances of your case. Generally, you must demonstrate a genuine need to drive and that your driving privileges are essential for your livelihood or well-being.
• What You Can Drive For: Hardship licenses typically restrict driving to specific purposes, such as:
• Traveling to and from work.
• Attending school or educational programs.
• Seeking medical treatment.
• Taking children to school or daycare.
• Costs and Application Process: The application process for a hardship license involves filing a petition with the court. There are fees associated with the application process. A DUI attorney can help you navigate this process.
• 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

Once your license suspension period is over, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: The specific requirements for reinstatement vary depending on the circumstances of your case, but they typically include:
• Paying a reinstatement fee to the Ohio BMV.
• Providing proof of insurance.
• Completing any required DUI education or treatment programs.
• Fees: Reinstatement fees vary. Check the Ohio BMV website for current fee schedules.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility filed with the BMV. This indicates that you have the minimum required liability insurance coverage.
• Classes/Programs That Must Be Completed: Depending on the specifics of your DUI case, you may be required to complete a DUI education program or a substance abuse treatment program before your license can be reinstated.

Erie DMV Offices

Unfortunately, Erie, Ohio, is a Tier 3 county with no specific DMV office. Residents will need to travel to the nearest BMV office. Please confirm operating hours with the BMV directly. Search "Ohio BMV Locations" on the Ohio BMV website for a list of locations.

Special Programs

• Ignition Interlock Device Program: Ohio has an ignition interlock device (IID) program, which allows individuals with DUI convictions 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 allows you to drive for very specific work-related purposes, even if your license is suspended. This is more restrictive than a typical hardship license.
• Any State-Specific Programs: Check the Ohio BMV website for any other state-specific programs that may be available to you.

This guide provides a general overview of the DUI license suspension process in Erie, Ohio. It is not a substitute for legal advice. It is crucial to consult with a qualified DUI attorney as soon as possible after your arrest to protect your rights and explore your options. Remember, the 15-day deadline to request an ALS hearing is critical. Act now to safeguard your driving privileges.