Fulton County License Hearing Guide

Fulton DUI License Suspension & ALR Hearing

Your DUI arrest in Fulton County, Ohio, has likely triggered two separate legal processes: a criminal case and an administrative license suspension. This guide focuses on the administrative side, specifically how to fight the automatic suspension of your driver's license. It's crucial to understand that even if your criminal case is dismissed, your license can still be suspended administratively. This is why understanding the ALR (Administrative License Revocation) process and meeting critical deadlines is paramount. Time is of the essence!

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Fulton County, Ohio, the Bureau of Motor Vehicles (BMV) will likely attempt to suspend your driver's license. However, you have the right to challenge this suspension by requesting an Administrative License Revocation (ALR) hearing. You MUST request this hearing within 15 days of your arrest. Missing this deadline results in an automatic suspension of your driving privileges.

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

How to Request:

• Online: Check the Ohio BMV website (usually under Driver Services or Suspensions) for an online hearing request form. This is often the fastest and most reliable method.
• Phone: Contact the Ohio BMV's driver license suspension department. The phone number should be available on your DUI paperwork or on the BMV website. Be prepared to provide your driver's license number and case details.
• Mail: While not recommended due to the tight deadline, you can send a written request to the Ohio BMV. The address should be on your DUI paperwork or obtainable from the BMV website. Your letter must include your full name, address, driver's license number, date of arrest, and a clear statement that you are requesting an ALR hearing to challenge your license suspension. Send it via certified mail with return receipt requested to prove timely submission.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended, and you will lose your opportunity to challenge the suspension through the ALR process. This makes meeting the deadline absolutely critical.

Automatic License Suspension

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

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08% or higher, you face an immediate administrative license suspension. The length of this suspension varies depending on prior offenses and the specific BAC level, but it typically starts at 90 days and can extend to multiple years.

• Temporary Permit: The arresting officer likely issued you a temporary permit. This permit is valid until your ALR hearing or until the date the suspension officially begins, whichever comes first. Check the expiration date on the temporary permit carefully.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a chemical test (breath, blood, or urine) carries a much harsher penalty than failing the test in Ohio. Expect a significantly longer suspension period, potentially one year or more for a first refusal. Subsequent refusals can result in multi-year suspensions.

• Implied Consent Law in Ohio: By driving on Ohio roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this implied consent law triggers the automatic license suspension.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a critical opportunity to fight the suspension of your driver's license. It's a separate proceeding from your criminal DUI case, held before an administrative law judge, not a criminal court judge.

What It Is

• Separate from Criminal Court: The outcome of the ALR hearing does not directly impact your criminal DUI case, and vice-versa. Even if you are found not guilty in criminal court, your license can still be suspended administratively.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the police had probable cause to arrest you for DUI and whether you were properly informed of your rights and the consequences of refusing or failing a chemical test.
• 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 "a preponderance of the evidence" (more likely than not) that the suspension is justified, rather than "beyond a reasonable doubt" required in criminal court.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage (if available), medical records (if relevant), or any documentation that challenges the police officer's version of events.
• Consider Hiring a DUI Attorney: Navigating the ALR process can be complex. An experienced Ohio DUI attorney can represent you at the hearing, present evidence on your behalf, and cross-examine witnesses. They can significantly increase your chances of a favorable outcome.
• Understand What You Can Challenge: At the ALR hearing, you can challenge several aspects of the case, including:
• Whether the police had reasonable suspicion to stop your vehicle.
• Whether the police had probable cause to arrest you for DUI.
• Whether you were properly informed of your Miranda rights.
• Whether you were properly informed of the consequences of refusing a chemical test (implied consent).
• The accuracy and reliability of the breath or blood test results.

Possible Outcomes

• Suspension Upheld: If the administrative law judge finds that the BMV has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the administrative law judge 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: Even if the suspension is upheld, 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

Even with a suspended license, Ohio law allows for a restricted driving privileges, often referred to as a hardship license.

• Eligibility Requirements: To be eligible, you typically need to demonstrate that the suspension is causing undue hardship, such as preventing you from getting to work, school, or medical appointments. Specific requirements vary depending on the length and type of suspension.
• What You Can Drive For: A restricted license typically allows you to drive only for essential purposes, such as:
• Going to and from work.
• Going to and from school or job training.
• Seeking medical treatment.
• Attending court-ordered programs or meetings.
• Costs and Application Process: The application process involves filing a petition with the court and providing documentation to support your hardship claim. There are associated court fees. Consult with an attorney to ensure you meet all the requirements.
• IID Requirement: In many DUI cases, particularly those involving high BAC levels or prior offenses, an Ignition Interlock Device (IID) is required as a condition of obtaining a restricted license.

Getting Your License Back

Even after your suspension period ends, you won't automatically get your license back. You must take specific steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement typically involves:
• Paying a reinstatement fee to the BMV.
• Providing proof of insurance (SR-22).
• Completing any court-ordered DUI classes or programs.
• Passing the driving test (in some cases).
• Fees: Reinstatement fees vary depending on the length and type of suspension.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the BMV to demonstrate that you have adequate liability insurance coverage. You will likely need to maintain SR-22 insurance for several years after your DUI conviction.
• Classes/Programs That Must Be Completed: The court may order you to attend DUI education classes, alcohol treatment programs, or victim impact panels. Completing these programs is often a condition of license reinstatement.

Fulton DMV Offices

Unfortunately, there are no Driver Exam Stations located directly within Fulton County. The closest locations can be found in the neighboring counties. Please confirm hours of operation before visiting.

• Defiance BMV Driver Exam Station
• 1930 N Clinton St, Defiance, OH 43512
• (419) 782-8545
• Henry County BMV Driver Exam Station
• 1855 N Perry St Suite 100, Napoleon, OH 43545
• (419) 592-4355

Special Programs

• Ignition Interlock Device Program: This program allows drivers with suspended licenses to drive vehicles equipped with an IID, which requires the driver to blow into a breathalyzer before starting the vehicle.
• Occupational License: Similar to a hardship license, an occupational license allows you to drive for work-related purposes.
• Ohio BMV Website: Consult the Ohio BMV website for the most up-to-date information on DUI laws, license suspensions, and reinstatement requirements.

Disclaimer: This guide provides general information and should not be considered legal advice. Consult with an experienced Ohio DUI attorney for personalized guidance regarding your specific situation. Meeting the 15-day deadline for requesting an ALR hearing is crucial. Act now to protect your driving privileges!