Greene County License Hearing Guide

Greene DUI License Suspension & ALR Hearing

Losing your driver's license after a DUI arrest in Greene County, Ohio can be devastating. You need to act quickly to protect your driving privileges. This guide provides critical information about the Administrative License Suspension (ALS) process and the steps you can take to fight it. It's important to understand that the ALS process is separate from your criminal DUI case. This means your license can be suspended before you even go to criminal court.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

Following a DUI arrest in Greene County, you face an immediate threat to your driving privileges. The Ohio Bureau of Motor Vehicles (BMV) will attempt to suspend your license through an administrative process. To challenge this suspension, you must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. Missing this deadline results in an automatic license suspension. No exceptions!

Where to Request the Hearing:

You must request the hearing from the Ohio Bureau of Motor Vehicles (BMV). The specific location to send the request is usually detailed on the paperwork you received at the time of your arrest. Check that document carefully.

How to Request the Hearing:

While the specifics of the request process can vary slightly, typically you can request the ALR hearing by:

• Mail: Send a written request by certified mail, return receipt requested, to the address specified on the paperwork from your arrest. This provides proof that you sent the request on time.
• Online: Check the Ohio BMV website for a possible online request form or process.
• In Person: While less common and potentially inconvenient, you might be able to submit the request in person at a designated BMV office. Call ahead to confirm if this is an option.

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 is very little you can do to reverse this decision once the deadline passes. This is why acting quickly is absolutely critical.

Automatic License Suspension

The length of your license suspension depends on whether you took a breath or blood test and your Blood Alcohol Content (BAC), or if you refused to take the test.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your BAC was 0.08 or higher, your license will be suspended. The length of the suspension depends on the details of your case, including any prior DUI offenses. Be sure to check the paperwork you received during your arrest for the exact suspension period.
• Temporary Permit: You may have received a temporary permit at the time of your arrest. This permit is valid until your ALR hearing, or until the date the suspension is scheduled to begin, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a significantly harsher penalty than failing the test in Ohio. Expect a longer suspension period.
• Implied Consent Law in Ohio: Ohio, like most states, has an implied consent law. This means that by driving on Ohio roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in severe penalties, regardless of the outcome of your criminal DUI case.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing, also sometimes called an Administrative Hearing, is a separate proceeding from your criminal court case. It focuses solely on whether the BMV had sufficient grounds to suspend your driver's license.

What It Is

• Separate from Criminal Court: It's vital to understand that the ALR hearing is not your criminal trial. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine if the arresting officer had probable cause to believe you were driving under the influence, whether you were lawfully arrested, and whether your BAC was over the legal limit (if you took the test) or if you refused testing.
• 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 "preponderance of the evidence" (more likely than not) to justify the suspension, whereas in criminal court, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements from passengers or other individuals who observed you before your arrest.
• Video footage from dashcams, body cameras, or surveillance cameras.
• Medical records that might explain a high BAC reading.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Greene County can be invaluable. They understand the ALR process, can gather evidence, represent you at the hearing, and argue on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the officer had probable cause to stop you.
• Whether you were properly informed of your rights regarding chemical testing.
• The accuracy of the breath or blood test results.
• Whether you actually refused testing.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the BMV had sufficient grounds for the suspension, your license will remain suspended.
• Suspension Overturned: If the hearing officer finds that the BMV did not have sufficient grounds, your license suspension will be lifted.
• 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 specific purposes like work, school, or medical appointments.

Hardship/Restricted License in Ohio

Even if your license is suspended, you may be eligible for a restricted or hardship license in Ohio.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your case and the length of your suspension. Generally, you must demonstrate a need to drive for essential purposes, such as employment, education, medical treatment, or childcare.
• What You Can Drive For: A restricted license typically allows you to drive only for specific purposes, such as:
• Traveling to and from work.
• Traveling to and from school or educational programs.
• Traveling to medical appointments for yourself or a dependent.
• Taking your children to and from daycare or school.
• Costs and Application Process: The application process for a restricted license involves completing an application form, providing supporting documentation, and paying a fee. Contact the Ohio BMV for specific details.
• IID Requirement: Depending on the severity of your DUI offense and the terms of your suspension, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

After your suspension period ends and your criminal case concludes, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the BMV.
• Providing proof of financial responsibility (SR-22 insurance).
• Completing any court-ordered DUI classes or treatment programs.
• Fees: Reinstatement fees vary depending on the length of the suspension and the number of prior offenses.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that you must obtain from your insurance company and file with the BMV. It demonstrates that you have the required minimum liability insurance coverage.
• Classes/Programs that Must Be Completed: The court may order you to complete DUI classes, alcohol or drug treatment programs, or other educational courses as a condition of license reinstatement.

Greene DMV Offices

[Replace with actual addresses and hours - check the Ohio BMV website for the most up-to-date information]

• Example:
• Ohio BMV - Xenia Branch: 123 Main Street, Xenia, OH 45385. Hours: Mon-Fri 8:00 AM - 5:00 PM.

Special Programs

• Ignition Interlock Device Program: Ohio has an Ignition Interlock Device (IID) program for individuals convicted of DUI. The IID prevents the vehicle from starting if the driver's BAC is above a certain level.
• Occupational License: See "Hardship/Restricted License in Ohio" above, as these are often referred to as occupational licenses.
• Any State-Specific Programs: Check with your attorney or the Ohio BMV for information on any other programs that might be available to you.

Disclaimer: This information is for general guidance only and should not be considered legal advice. It is crucial to consult with a qualified DUI attorney in Greene County, Ohio, to discuss the specific facts of your case and receive personalized legal advice. Time is of the essence, especially with the 15-day deadline for requesting an ALR hearing.